• Heavy deposit - repayment issue

Hi,

I have taken up a place on Heavy Deposit for about 33 months. I have been living here for 15 months. 
Of late I've got some serious speculations regarding the owner of the place. There are quite a few complications in my scenario.

1. Even after repeatedly telling the owner to put a light meter, he hasn't (As the owner of the entire chawl, he has multiple houses under his belt, so he's currently given us light from an unused light meter of some other house) 

2. As we have raised repeated concerns on the light meter and water leakage issues in the house to the owner in this past year itself, he has asked us to leave and has even gotten other clients to see the house to rent out to.
I was perfectly fine with it as I wanted to get my money back and leave to a better place. But he hasn't been able to give us our Heavy Deposit amount whatsoever or even send in a notice letter for us to vacate. In fact, I have been behind him to give us the money back or notice letter but instead, he has been giving me only false promises and false dates. 

3. Now due to this repeated behaviour, I've gotten paranoid and want to find a way to make myself, my family and my money safe. 

How do i deal with this issue?
Asked 8 months ago in Property Law
Religion: Christian

2 answers received in 30 minutes.

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19 Answers

Don't leave the house. Find out about the owner and the electric connection through the municipal corporation. Then act upon the information. If there us an instance of fraud file a criminal complaint or demand compensation.

Rahul Mishra
Advocate, Lucknow
11797 Answers
25 Consultations

5.0 on 5.0

You need to send him a notice and demand the money if not then you need to file suit for recovery

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

You vacate the house by giving notice and claim refund of deposit.

In default file a money recovery suit in civil court under summary proceedings. It is a fast court proceeding procedure. 

Kallol Majumdar
Advocate, Kolkata
2792 Answers
4 Consultations

5.0 on 5.0

Don’t vacate the premises 

 

let your agreement tenure run its course 

 

3) since landlord has not sent you any notice you don’t have to vacate the premises 

 

4) if he fails to repay deposit on expiry of agreement then you can sue the landlord to recover your money with interest 

 

 

5) in alternative don’t pay rentals in last months so that it can be adjusted against security deposit 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

1. If you want to vacate the premises then you are free to do so after serving him a notice as mandated under the agreement.

2. If he does not refund the refundable security deposit then you will have to file a suit for recovery of money against him in the civil court.

Ashish Davessar
Advocate, Jaipur
30295 Answers
880 Consultations

5.0 on 5.0

If the situation is not conducive and you have determined to leave the premise,  you may issue a legal notice to him communicating your decision to vacate the premise.

In the same legal notice you may demand the return of your deposit amount to be settled to you at the end of the notice period. 

If he fails to respond or comply with the demands made,  you may drag him to civil court seeking relief and remedy. 

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

1. Issue him a Legal Notice, stating all the facts and your reasons for terminating the Lease agreement and demand refund of deposit with interest.

2. IF he refuses, THEN you have an option of filing a Criminal Case for his various offences .OR.  a Civil Case for recovery of your Deposit amount.

Hemant Agarwal
Advocate, Mumbai
5545 Answers
25 Consultations

5.0 on 5.0

1. it does not matter what the title of the licensor is

2. if at the time of entering into the agreement you accepted the licensor as the owner of the property which is rented to you, then the true owner cannot evict you from the premises without following the due procedure of law

3. however since you wish to vacate, for that you will have to look to your agreement and the termination clause in it

4. the termination of license either by licensor or licensee will be governed by the terms of the leave and license agreement pertaining to termination 

Yusuf Rampurawala
Advocate, Mumbai
5916 Answers
43 Consultations

5.0 on 5.0

1. You may issue legal notice to the landlord asking for the repayment of deposit in case he fails on notice you have to file suit for recovery of same.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

Where is this place located..what doy out mean by heavy deposit...is it on rental accomodations or sale purposes please clarify for further answers.

Garima Anil Mehrotra
Advocate, Mumbai
485 Answers
1 Consultation

4.9 on 5.0

Hi 

File a police complaint against him for breach of trust. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Since your money is still with him, you just ignore his demands and stay put in the premises do not vacate.

You stay there till your deposit is adjusted against the rent payable.

Since no notice is given by him, do not react.  

If he insists you to vacate by sending notice etc., you can ask him to adjust the rent from the deposit paid by you. 

In alternative, you have to sue him for refund of deposit with interest (litigation is long drawn proposition, it is better to avoid).

See that, the rent payable is adjusted against the deposit you paid and upon adjustment, you can vacate the premises. 

S Srinivasa Prasad
Advocate, Hyderabad
2866 Answers
9 Consultations

5.0 on 5.0

Send him legal notice for termination of tenancy due to no light meter and water leakage issues and demand refund of deposit. And stop paying rent.

Until deposit not refunded, don`t vacate the premises.

Yogendra Singh Rajawat
Advocate, Jaipur
21422 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

You are suggested to serve a legal notice to the landlord/owner asking the refunds and compensation due to damages for non compliance by him and if not complied with the notice, file the case for the same. 

Ganesh Singh
Advocate, New Delhi
6581 Answers
13 Consultations

4.5 on 5.0

- You should not suggested to vacate the house , without getting your deposited amount from the landlord, and further the landlord legally cannot take possession from you without payment of advance money to you. 

- Since he has send you a legal notice for vacating the house , then you should reply the said notice after mentioning that you are ready to vacate the tenanted house , if he refund the deposited amount . 

- Further ,if the landlord is creating trouble in your possession after cutting light facility etc, then you can file a suit for Mandatory and Permanent Injunction before court , for restraining him from dispossess you forcibly and to get election connection legally. 

-  Further, if you want to vacate the tenanted premises , then without vacating the premises file a suit for recovery of the deposited amount against the landlord. 

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

you should send him a legal notice through a lawyer for termination of contract and refund of security deposit.

If there is no satisfactory response to the notice, you should approach the court and file a suit for recovery.

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

Hello,

  1. As he has not served you notice, you can serve him notice and announce the date you intent to vacate. Hope you have that option in the Agreement.
  2. Lodge a complaint with the local police along with a copy of the notice and request help and presence of police if required at the time of your vacating.
  3. Ask him to make an electronic funds transfer of the deposit amount or issue a cheque in your name or a DD.  

S J Mathew
Advocate, Mumbai
3115 Answers
125 Consultations

5.0 on 5.0

1. Send a notice to owner that you are leaving the flat and want refund of deposit before completion of notice period.

2. If he refuse to refund the money make a complaint before rent control authority of Mumbai against landlord for not refunding security deposit.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

This is my response to you:

1. This will depend on your lock in period;

2. You can issue a legal notice to begin with;

3. If issues persist then you can approach municipal office as well rent control authority;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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