1. How do you say that you never agreed to this clause? Does the rent agreement not bear your signature? If it does then it is misconceived on your part to say that you never agreed to a clause in the rent agreement.

2. If no fresh rental agreement was executed after the expiry of the previous rental agreement and you have been paying the rent as agreed in the previous rental agreement then relationship of landlord-tenant exists and you are bound by the clauses which form part of the previous rental agreement.

That is huge money. The landlord cannot arbitrarily deduct any amount of money. Tenants leave because they have genuine reasons. If they take time in finding a tenant that does not mean that you would pay for that.

Send a legal notice to her and if she does not respond then file a recovery suit against her.

Regards 

Terms of contract are sacrosanct 

landlord can deduct 3 months rentals if you vacate premises within lock in period 

you would not get fulll SD back 

If you are living in continuation in the same house and the previous terms and conditions were agreed and signed by you even in case you do not sign this agreement that will be deemed agreed as you continued living in the premise.

The land lord have all the right legally to deduct  3 month rental as per the previous agreement or it will be good if you arrive to an agreement amicably.

Please note that if your rental agreement is like lease and license then after the expiry you have no right to live in the property and may be responsible for compensation for over stay.

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See you can deny that no such condition was agreed upon and you can seek refund.If she deduct the amount then you can give her legal notice for same. And if on notice she fail suit for recovery can be filed.

Whether you unwillingly accept in the agreement and sign it ,is now binding on you.

If in the present agreement,  no such commitment as was in last year one, than you can claim it through court which will take time. Let first recover whatever she is refusing than dont vacate the premises till she not refund in full.

Agreement in which you agreed and expired,  not binding.

How come 2 agreements when tenancy was upto July 2020 ? 

1. You are not bound of the rental agreement clauses IF you have not signed it.

2. Legally speaking, you cannot occupy any property without signing the rental agreement and neither the landlord can keep any tenant without a rental agreement.

3. Try to settle amicably, else finally the only solution is to file a Civil Court dispute for the purposes of refund of your deposit and this is going to be expensive and time consuming.

If you have signed the agreement with that condition you will be deemed to agree all the conditions in it till you specifically opposed it. You need to file for recovery of your money if same is deducted by landlord

Ans: If you never agreed to the point raised by your landlord then why did you enter into such an agreement.

However, you have not signed the agreement but have utilized the property. Suddenly, when you will vacate the property obviously the landlord will feel the pinch of not having a tenant and that the property going waste. 

I would recommend, you inform your landlord that you shall  leave the premises by the year end and request to give you back the entire advance paid by you. When the landlord shall disagree to this point I advise you to give a legal notice to the same effect. 

Negotiations can help as pursuing legal avenues may cost you more.

Regards 

G.Rajaganapathy 

High Court of Madras 

The landlord cannot deduct  this exorbitant amount from the deposit especially if you had given her notice of one month period as per the conditions of rental agreement.

It is her problem to look for a tenant within one month or beyond that, hence in order to sustain her loss of one month rent, the deduction of one month rental amount can be justified to some extent.

If at all she is adamant and not returning the amount, then you can file a money recovery suit through court of law with interest  and the cost of litigation.

You contact an advocate and issue a notice for vacating the premises  and your willingness to pay one month rental amount alone, let she give a reply after which you can plan proper legal action in furtherance

if you are not accepted and not sign then you can file recovery of money suit against her after issuing a legal notice through an advocate. 

1. You should send a legal demand notice to landlord for refund of deposit money.

2. The ground should be taken that you have given enough notice before leaving the property and landlord is not eligible to deduct any rent if advance notice have been served for vacating the premises.

You may please send a legal notice through a local counsel first demanding immediate refund of the rental deposit. If there is no satisfactory response, file a petition before the Rent Authority (RDO) under the recent TN Tenancy Act.