Deduction from security deposit on the basis of vague allegation
We( Me and my frnd), we took a flat on rented in mumbai where the agreement was on both's name. According to the previous understanding, the landlord and broker said that we are not liable to keep any more person legally to share rent. We agreed and we nvr did any such act. After 7/8 months of our stay, one of our common frnds came to stay with us for few days, just because she had no place and was searching a new place for her. We never kept her as a sub tenant or took any rent. Now, when broker or landlord came to know that there is a frnd of us who comes and stays with us fr a month or so (Not completely, as she used to stay out of town mostly), he said he would be charging 1 month's rent which is Rs.29,000/- from our security deposit. And after so many arguments and conversations, he negotiated and came to 15,000 deduction. Our lease has completed by 27th of April, 2015 but still we didnt get any security money. And above all, the broker and landlord is putting up mental pressure and vague allegations like, we had late night parties, we called up our male friends etc for which society raised a complaint.. Where its totally vague, we have very good bonding with society, the secretary herself knows us very well, and we didn't get a single complaint from anyone. Its just the landlord who is putting vague and hypothetical allegations on us, to get some money from our deposit and torchering mentally so we settle it down asap.
I dont know, what legal action we need to take. Its very irritating that we are fighting for our own money. Plz suggest.
Asked 2 years ago in Property Law from Mumbai, Maharashtra
1) what is amount of security deposit?
2) have you vacated the premises?
3) issue legal notice to landlord to refund your security deposit as per terms of your agreement
4) if he refuses file summary suit under order XXVII of CPC for recovery of the same
1) what is amount of security deposit? : 1 Lkh
2) have you vacated the premises? Yes
Can you please tell me whats XXVII of CPC?
And as per our yesterdays argument he said, he will file a case against us because its a breach of contract as we didnt ask/ Inform him that one of our friend (Not sub tenant) is staying for few days. Hense we didnt inform , its a breach of contract and trust, and its a cast of sub leasing his property. Which is again null and void. What can be consequences if he files an FIR?
Asked 2 years ago
1)order XXXVII CPC is summary suit filed to recover your money .
2) you inform the landlord that since he has arbitrarily refused to return the security deposit you will have no option but to proceed legally against the licensor
3) please take not that licencee can entertain his friends and relatives . if your friend had merely stayed for f ew days it does not amount to breach of contract .
4) file a complaint of cheating , criminal breach of trust against the licensor for failing to return your security deposit
5) no case is made out against you . if at all licensor files case contest on merits
6) amicable settlement is best option
It seems the landlord and the broker are making the allegations with the intention to usurp the security deposit given to them. You must issue a legal notice to the landlord for refunding the money. Further, a copy of the agreement signed between the parties needs to be perused to give better advice however if you are able to prove that there was no subletting and you allowed the person to stay as a guest, then in such a case even if the landlord files a case of breach of contract against you, he will not be able to prove the same. these are mere threats being meted out to you for extorting the security deposit already paid. Even if he complaints to the police, this is not a case of breach of trust as understood in criminal parlance. Hence FIR will not be registered. He can proceed against you seeking civil remedy but no criminal action is made out.
1. You can issue a lawyer's notice to the landlord to return the security deposit minus 15,000 INR.
2. If the landlord does not return the money in spite of notice from your lawyer then you may file a case for recovery of money along with compensation in the court.
1. Do you have a documentary proof of your friend's stay with you? Did the landlord give in writing that he will deduct 15,000 INR from the security deposit?
2. Sub lease has to be proved in the court. Vague allegations will not suffice.
3. If a FIR is filed against you them immediately obtain bail to avoid being arrested.