• Deduction in security deposit

Need advise since there is disagreement between the myself(tenant) and the house owner on the deduction that is about to be made on security deposit.
Asked 4 years ago in Consumer Law

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24 Answers

You should object to deduction of security deposit 

 

if landlord refuses to agree then sue the landlord to recover your security deposit with interest 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

Owners are like this, at the end of tenancy creates seen and unwanted deductions. 

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

Where is the question?

Deductions have to be made as per terms of rent agreement. Like deductions for damages, alteration. 

More details needed for more  clarification 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Since landlord is willing to refund Rs one lakh fourteen thousand accept it 

 

reason being litigation is long drawn and expensive proposition and legal fees would be more than amount claimed by you 

 

amicable settlement is best option 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

Deposit is much, first send the notice with all problems existed in falt and collect deposit. Later send legal notice to ful refund of unwanted demand. 

Priority is to recover deposit as much u can.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

1. The dispute arising out of a rent agreement is to be guided by the terms mentioned in the rent agreement. 

2. If there is no written rent agreement then the adjustment of security deposit is to be made as owr verbal agreement .

3. If it's not mutually resolved then the intervention of court is required. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

 - As per law, a landlord has no legal right to withhold the security deposit and to deduct any amount from the same without the consent of the tenant. 

- Further, both the parties are bound with the clauses mentioned in the lease agreement. 

- Further, at the time of taking the tenanted premises, the landlord cannot charge any extra charges , except rent and maintenance charges if any. 

- However, the expenses like led light , fans etc, the tenant will have to bear expenses, but not in the name of plumber and deep cleaning etc. 

- You can send him a legal notice for the same , and to refund of full security deposits , in case of vacate the property in question. 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

You can chose to honour only legitimate expenses. You cant challenge the said expenses in court

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

Serve him with a legal notice for demanding the illegal deductions from the security amount.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

What is the reason told by the house owner for the proposed deduction?

If it is unreasonable and not in accordance to law, then you my challenge him in the appropriate legal forum.

 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

In my opinion, it would be better that you settle the matter amicably.

If you take it up legally, you may end up spending more than the amount informed to be deducted by the house owner.

Think about all the pros and cons patiently, if you still want to proceed legally, you may even end up with a losing legal battle despite spending huge money towards litigation, besides losing your time and energy.

 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

you just agree what you feel is appropriate and dont pay more. pay the same through banking channel and not in cash

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

Make deal at current Rs 36 K claimed 

 

don’t go in litigation 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

Ask them to give in writing that Rs 36 K is final amount claimed 


You can vacate house then file complaint 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

They have given a detailed break up of the expenses due to the wear and tear at the time of vacating the premises. 

From this,  it can be found that the charges are not exorbitant as alleged by you. 

If you feel it is exorbitant and worth fighting it legally,  you may proceed by informing them that you will have them repaired or replaced on your own expenses. 

The legal battle will cost you more than the quoted amount,  hence take wise decision. 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

The expenses will be increasing till such time you may deliver vacant possession of the rented premise. 

Hence better vacate it immediately with a condition that you will not be liable to pay any additional charges after vacating the premises. 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

Since there is no specific agreement on the issue it will have to be mutually resolved as advised earlier. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

Why you are worried. 

Make a deal n leave.

If you enter into a legak battle you will have to spend more than 36k surely.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Refuse to pay the amount if you deem it arbitrary. If he does not agree to refund the security deposit then you are free to set off the rent for the last month of tenancy against the security deposit.

2. You are free to file a suit for recovery of money in the court against him but it will be losing battle as your expenses may exceed the amount you wish to recover from him. So save as much as you can by setting off the rent against refundable security deposit and amicably settle the remaining amount.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Most landlords raise such arbitrary demands at the time of exit of the tenant. This is why the security deposit should never exceed the sum equivalent to rent of a month.

2. You are free to vacate the house under protest. By doing so you will be able to preserve your rights and remedies.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If the Land Lord (LL) is ready to compromise and settle all his demands at one particular amount 36K (+/-) 5K is always better deal.

Yes, you have option to go for litigation, but it is a long drawn proposition, and you will be  ending up spending more than what you are losing now, apart from loss of man days, advocate fee, miscellaneous expenses etc.

If you accept for 36K (+/-) 5K i.e., around 40K is reasonable and win-win situation for both of you. 

You can come out of the mess once far all.

Do not protract / argue with LL, just come out ASAP. 

Make sure you take NO DUE certificate from him in writing.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

First recover the amount as much you are getting. Later can send legal notice to recover unwanted deductions.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

1. You can make complaint to rent controller if you think that deductions by landlord is inappropriate.

2. You should try to negotiate the amount and it depends on you that how much amount you can to be deducted from security deposit.

3. Yes you can make payment and send legal notice for recovery of deducted amount after vacating the premises.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- Actually , the landlord is trying to grab your security deposit

- If you are agree then take a written declaration , where these expenses are mentioned, and dont deduct from your security deposit, so that you can file a recovery case for getting Security deposits. 

- After adjusting the same , vacate the house , and file a case against him after giving a notice for refund the security deposit. 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

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