• Security deposits will deduct or not,if complete lock in period. and paid all bill payments of shop.

hello sir,
please help me for rent the shop. im manju pathak, i m shop tenant for cake shop , and i have already pay rent on time and electricity bill, water bill. i have paid security deposits 1 lakhs to shop owner. my shop is lock in period is 1 yr.and i have kept shop till lock in period mention in agreement for 1 yrs, but owner say that broker fees submit in twice in year if you leave shop after lock in period. so she will deduct from my security deposits. i don't know what to do. bill, rent, sabhi full payment kar diya hai per aur brokage ki fees 22000rs de chuki hu. lock in period pura kar chuki hu fir bhi shop owner say that ki security deposits mein deduct hoga. i m tiny cake owner.and took a shop on rent in chembur.
Asked 3 years ago in Property Law
Religion: Hindu

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18 Answers

Warm greetings!!

Is this the word have communicated to you at the time of renting you the shop and is this term is mentioned in agreement; if the term I'd mentioned in agreement and you after understanding the terms and condition have signed the agreement then you have to pay .

However if the said term is not mentioned in agreement and have not communicated to you orally at the time of renting the shop then the owner cannot compel you to pay the brokerage as you have already done your part and for wnd renting is the part of owner you are no were connected to it ..

Just then this term is not mentioned in agreement  and I gave not accepted for the same now at this point of time you telling this is not correct in the eye of law for which I can file a suit for recovery of money if you deduct the same from the security deposit. 

Even though if the owner does the same the hire an advocate explain all the fact with agreement and ask him to issue a legal notice for recovery of amount deducted from security deposit of your rented shop waut for the response for 15 days time period same form 3 notices has to be sent after which you can think of taking an action as per law, or else try to resolve amicably by paying some part portion rather the full..

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

If everything is cleared from your end and if there are no damages to the shop it's in good tenable condition in such a case there is no point of deduction of security deposit owner cant deduct from your deposit..

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

Landlord cannot deduct brokerage charges from security deposit 

 

2) if any unlawful deductions are made sur the landlord to recover deductions wrongly made by landlord 

 

3)in alternative file police complaint against landlord for cheating under section 420 of IPC 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Landlord cannot deduct brokerage charges when you vacate premises on expiry of leave and licence agreement 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Plz check the terms of your leave and license agreement 

Is there any such condition that brokerage will have to be paid by you twice?

If it's not there then demand of shop owner is clearly illegal

Even otherwise such a condition of paying brokerage twice by the licensee appears to be completely unilateral and one sided and would form a blanket consent not binding on licensee

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

  1. If a lock in period is provided for in the agreement, and if you have completed that lock in period; then it's illegal on part of the landlord to deduct from the security deposit. He's contractually bound to refund your full security deposit. 
  2. If he fails to refund your security deposit in full, you must sue him for breach of contract. 
  3. I'm prepared to file the suit and plead it in court as your counsel (Advocate). 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

- SInce, the lock in period is already mentioned in the agreement for 1 year, and further you comply the same , after kept shop lock , hence the owner cannot deduct any amount from the security deposits.

- Further, such demand of twice brokerage is againt the law. 

- You should send a demand notice to the owner for the refund of the security deposits. 

Mohammed Shahzad
Advocate, Delhi
10267 Answers
123 Consultations

5.0 on 5.0

Dear Sir,

Ordinary wear and tear cannot be deducted from the deposit. Ordinary wear and tear and replacement is covered as a part of your rent and the landlord is obliged to keep the premises in livable condition.

 The deposit only protects the landlord against damage not in the course of ordinary wear and tear. Usually leases should specify this clearly.

Infact,most people don't know but even painting under the Karnataka Rent Act constitutes structural repair and is the liability of the landlord to get the house repainted -unless the tenant has caused damage to it that's outside the scope of ordinary wear and tear.

I would suggest you engage a lawyer and serve him a legal notice for recovery. The notice should detail the civil and criminal action (for cheating)that you will take against him should he fail to refund the amount within a fixed period. Typically the matter should resolve at this stage.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Owner is lying and be fooling you. Once brokerage paid to broker, he is gone for ever. His role is over. 

Ask her to refund full deposit or don`t release her shop and stop paying rent and bills until she dose not refund. And tenant cannot be evicted without due procedure of law. Against any force action by landlord, can complain to police.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

 There is no right to pay AND ASK  the brokerage twice .  Landlord cannot deduct brokerage charges from security deposit. If he does so, then first file a police complaint against landlord for cheating under section 420 of IPC. Tenant cannot be evicted without due procedure of law, if a forceful eviction will happened then approach the civil court. 

Ajay N S
Advocate, Ernakulam
4010 Answers
96 Consultations

5.0 on 5.0

See he cannot deduct any amount as broker fee after lock in period , stop paying rent retain the possession of shop till he is not refunding your amount .

Also you can give him legal notice to refund the complete amount.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See cannot deduct the amount he has no right to do same on vacating the premises he need to hand over the complete deposit amount back if every pending bill is paid.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

She cannot deduct the broker charges from security deposits.

if still landlord deduct the charges from SD you should send her a legal notice for refund of balance deposits which is deducted on ground of broker charges.

on failure of refund you can file recovery suit against land lord for refund of balance SD.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

you can give notice of 3 months even before expiry of lock in period so you can leave the premises on expiry of the same and landlord should refund full security deposit. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

it is duty of landlord to refund full security deposit in case if landlord refused then you can approach before court  and  file a suit for recovery of money along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

If the landlord deducts the broker fee despite already taking the same, then you may issue a legal notice about this and file a money recovery suit if she is deducting the same once again.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

If there  are no dues to be paid by you to the owner, then she cannot deduct any money from the deposit, if she does that then you may issue a legal demand notice and drag her to the court of law for relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

No it's illegal he can't deduct the broker fees. If the same is agreed in the agreement then only he can do that. 

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

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