Refuse to pay Rs 2.5K per month as electricity charges and for adjustment from your security deposit
2) offer to adjust Rs 1.5K from security deposit
3) agree to indemnify landlord in case actual bills are more than money paid by you
Landlord Withholding Deposit and Breaking Notice Period for Vacating House
Hi All, In our rent agreement we have 1 months’ notice mentioned and it’s also mentioned we have to pay the electricity bills to the appropriate authorities. This is a new complex in Thane District of Maharashtra and Electric Meters have not been installed for the last 11 months by the MSEB since we have moved in. When landlord took possession in June last year (2018) he was billed 2.5k per month for 6 months by developer as he charged average from commercial electrical charges he is paying. So, till November 2018 they cleared to developer while taking possession. We moved in October last week and till date no electrical bills have been generated. So effectively they can ask 1.5 months x 2.5k= 3.75k (as they paid to developer) even though it’s not mentioned in our agreement. The landlord has suddenly given us 2 week’s vacate notice and wants to adjust 2.5k as electric bill from the deposit for 11 months. That is he is trying to keep 27.5k with him. I have spoken to MSEB they said metre will be installed in few months’ time and they will do an average of three months bill and then back bill the landlord. As my consumption is low, I can conclude my average charges wont cross 1.5k. So, am ok with that 1.5k per month adjustment whereas landlord wants 2.5k per month deduction from deposit. In this complex, new agreements are being drawn with electrical charges mentioned till metres are installed. That is a negotiation between landlord and tenant and my neighbour is paying 700rs as electric charges as per agreement. And another tenant of the same landlord paid 1.5k to him per month even though it is not mentioned in agreement. From me he is asking 2.5k per month! Where do I stand legally speaking? Regarding both the notice period given and amount he wats to deduct. I was also reading this article… looks favourable to my case https://www.businesstoday.in/money/real-estate/10-situations-when-you-can-say-no-to-your-landlord/story/238858.html Thanks in advance…
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
See you stand legally correct if not meter is installed then in that case as agreed in by you and landlord or as written in agreement he cannot force you to pay.
Secondly for termination he has to give proper notice of 1 month as stipulated in the agreement.
You can give legal notice to landlord for refund of security deposit and once he does same then only hand over the possession.
Its illegal. If he does the same you can send her notice and demand the balance amount. if not given you can recover the same through filing suit
if you have not violated any clause of the rent agreement the landlord is legally obligated to return the security deposit in accordance with the agreement. In case of refusal by the landlord, you can give a legal notice for returning of advance money and if he refuses then file an application before rent controller.
Landlords cannot ask for a hike in said services contrary to the terms agreed under the Agreement or at least contrary to the prevailing situation.
He cannot demand a different amount for the same service from another tenant to that of you.
You can issue a legal notice mentioning about his illegal demands and seek his explanation while refusing to pay for his illegal demands.
Let him give a reply after which you can plan for further legal action.
Thanks guys for your replies what I understand is Legal Notice can be given to landlord to refund the Security Deposit and if he fails to return that within a stipulated time an application can be filled to the Rent Controller. I searched online but I could not find where is Rent Controller office for Thane District? Ours falls under Kalyan Sub District... but googling I am not getting any Rent Controller office! Do Rent Controllers sit in some department which is named otherwise? Or is it the office of the Rent Registrar? Where the rent registration happens?
Asked 6 years ago
if landlord fails to refund your security deposit file civil suit to recover your security deposit
See engage local lawyer he shall.assist you in giving notice and filing an application or suit for recovery of the amount.
You can consult a local lawyer .
I don't think rent controller will be any competent authority here. You need to approach civil court here.
- As per the information mentioned in the present query, makes it clear that your landlord is acting arbitrary and also against the agreement clauses.
- Yes, you should give him a legal notice and if he doesn’t return the money then you should proceed to the rent controller by making an application and also would advice you to not to vacate the property till the final disposal of your application.
- Rent controller court will be there in the same district court of the area and please ask from the facilitation centre of the court promises.
Rent controller court means it is not a separate entity, it is also functioning in the regular court campus as regular courts, hence you may approach combined court campus at Kalyan and find out the court, you may take the help of an advocate who will be able to guide yo properly without any hassle for you.