• Tenancy deposit

Hi ,
I have been served notice from my landlord to vacate his house which I am happily vacating but my Landlord is delaying in refunding the deposit. He did this with his previous tenant also. He will keep a big chunk in name of retention money and forfiet in the name of repairs. Question -Shall I deny to handover the key unless I get my refund back ? What other steps I can take ? Can I lodge police complain?
Asked 3 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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26 Answers

Dear Sir,

I always advise any client not to vacate the property unless and until entire ‘Security Deposit’ has been paid in full.

Landlords always play this game of not returning the Security Deposit. Especially because they have used it or spent it completely.

Some important tips include:-

(a) Unless and Until you get your security deposit back - dont hand over your keys to the place. You have the legal right to keep the keys to the place unless Landlord forks over your security deposit.

(b) Dont accept a cheque from the Landlord under any circumstances. Always prefer Cash or Account Transfer.

Going to court is almost always useless. As a Tenant your only option is to refuse to vacate without the deposit and you can claim you want the deposit to pay theadvance in the new house.

Of course- if you want to vacate and landlord is fine with you as tenant this becomes more complicated.

However always try to negotiate a settlement first before involving lawyers and courts.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1) issue him legal notice to hand over your deposit simultaneously with handing over flat keys 

 

2) it he fails to refund file police complaint against him for cheating, criminal breach of trust 

 

3) also sue him

to recover your deposit with interest  

Ajay Sethi
Advocate, Mumbai
89021 Answers
6344 Consultations

5.0 on 5.0

  1. No you shouldn't deny handing over keys. 
  2. You should also not file police complaint, as this a civil matter. 
  3. You must file a suit for specific performance of contract. 
  4. I'm willing to file and plead the suit in court as your counsel. However, I require an exhaustive consultation session with you first. I'm based in Mumbai/Navi Mumbai just as you are; so it shouldn't be much difficult for you to visit me for exhaustive consultation.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1431 Answers
5 Consultations

4.4 on 5.0

Hand over the keys and seek return of your security deposit 

 

2) don’t keep keys with you 

 

3) if he refuses to return security deposit file police complaint against him 

Ajay Sethi
Advocate, Mumbai
89021 Answers
6344 Consultations

5.0 on 5.0

  1. Sir I'm Netra sir, and not Netra madam. 
  2. I have already answered your basic queries and now expect you to visit me for exhaustive consultation

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1431 Answers
5 Consultations

4.4 on 5.0

- As per law, A landlord has no legal right to ask you to vacate the premises without refunding the deposits .

- You should vacate the premises only against receipt of Security Deposit .

- If you will handover the possession in good faith, without actually getting the deposit, the recovery of the security deposit can be a tough job for you.

- Since you have been served notice from your landlord, then you should reply the same without vacating the premises, and thereby ask him refund of deposits from him within a period of 14 days of time .

- You can also served him demand notice for the refund of the deposits paid by you , and on refusal you can file a suit for recovery of the deposted amount against him .

-  Even, if the landlord will file a case against you for eviction of property, court will not pass order to vacate the same without the refund of deposits.

- Hence be ralaxed and do the needful as i mentioned above.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
10262 Answers
123 Consultations

5.0 on 5.0

Yes you can keep possession of flat without paying rent unless he refund the complete amount also you can give reply to his notice stating that you are vacating the possession and with same owner need to hand over the complete refund of security deposit. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Deny the key and possession, she reply the notice he then shall be bound to refund as even in case file suit he cannot establish his bone fide. Also mention that you shall retain the rent free possession till the time he fails to refund the security deposit. 

He cannot take any action against you as such and also police shall not help citing it a civil matter. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Warm greetings!!

First of all dont handover the keys to your owner even after shifting of the interiors , have the keys with you!!

Since he had issued a legal notice send a reply to notice by strongly denying his terms and quote your contention that am the tenant ready to vacate and have already shifted some of the interiors once the deposit amount is refunded the saud possession ill be vacated fully and will handover the Key's to you!! 

No need to file police complaint first try to resolve mutually by mutual understanding of you both ; if the matter seems to be worst in such a case you can lodge a complaint..

No action can be taken against the tenant by the owner as the tenant is ready to vacate the possession its the owner were he is lacking to refund the amount..

 

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

No action can be taken against the tenant since the tenant is ready to vacate it's the part of the owner were the owner is lacking in refunding the amount..


No action can be taken against the tenant since the tenant is ready to vacate it's the part of the owner were the owner is lacking in refunding the amount..

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

lodge a police complaint against the landlord for refusing to return the security deposit.

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

Under the situation it becomes the duty of the landlord to refund the security deposit .you can keep keys and possession, once landlord return your security deposit then you can handover. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

Refund of deposit is always simultaneous with handover of possession 

If the retention is illegal then do not refund

Place the same on record by writing a letter to the landlord

Mark a copy to police station 

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

if you dont hand over keys you have not delivered vacant possession of flat and landlord can continue to claim rentals from you 

Ajay Sethi
Advocate, Mumbai
89021 Answers
6344 Consultations

5.0 on 5.0

please check your leave and license agreement

if there is a clause which says that on the tenant handing over possession to the landlord on expiry of license or on its sooner termination then simultaneously the landlord has to refund the SD, then the landlord will be bound by this clause

if he does not refund the SD, then as per the clause as above [if its there in your agreement], you are not legally bound to hand over the keys and possession

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

1) ti would create pressure on them if you dont hand over keys 

 

2) hold on for a week . 

Ajay Sethi
Advocate, Mumbai
89021 Answers
6344 Consultations

5.0 on 5.0

Write a letter to your landlord stating that you are willing to handover the keys provided he simultaneously refunds the security deposit

Also tell him that the place is open for inspection and he can satisfy himself as to its present state

Also record that he is not willing to refund your deposit despite you agreeing to handover the possession 

Mark this letter to the police

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

Don't hand over the possession and keys till he return the amount give reply to the notice of the owner.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See it may create pressure on them and under same pressure owner shall refund you your amount fastly.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

alternate,you can demand cheque when you handover keys. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

If you dont handover the keys then he will be charging the rent till the time you handover the keys and deliver vacant possession.

no police complaint will be maintainable.

You may issue a legal notice if he is deducting an exorbitant amount for unjustified reasons.

 

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

The landlord will simply retain the deposit amount till you hand over the keys and may even charge the rent till such period.

No complaint with the police will be maintainable in this connection.

You can issue a legal notice and follow it up through court case in case of the landlord not returning the advance amount.

 

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

In a public forum like this, you cannot get the same opinion from all the lawyer, hence you may choose the best answer suiting to your situation and proceed or consult a local advocate and proceed as advised.

 

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

You remain without vacating the premises till the landlord returns you the deposit amount especially if the new tenant is putting pressure on the landlord, he may come down to an extent.

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

You can deny giving the keys till refund of security deposits.

Or you can give him the keys later send him legal notice for refund of money.

This is not a police case you can file civil suit for recovery he landlord refuse to refund the money. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir, 

It is better to not to vacate the property unless and until entire ‘Security Deposit’ has been paid in full.

You had the legal right for suing your wonder under suit for recovery until and unless you have proper papers or documents that are the registered agreement between you and owner and all that pertaining to the rent paid by you in accordance.

Note: if you've all the originals take a set of xerox copy of the same and further visit a good counsel to fight out the legal battle...

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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