Refund of security deposit
I am living in Bangalore, on 14th of March 2020, i entered into Rental agreement for a flat at Airoli, Navi Mumbai for Rs.44000/- rent and Rs.150000/- security deposit. The agreement supposed to come into force from 6th of April 2020, meanwhile, i came down to Bangalore from Mumbai on 20th of March 2020 due to lockdown.
The house owner did not vacate on 5th of April, he partially vacated on 9th of May 2020 and informed me thro whatsapp on the availability of flat for possession, I informed immediately that due to nation wide lock down i could not move and would move once lockdown is lifted also informed that the rent starts only on my physical possession.But, he called over phone and put pressure to come somehow and take the possession.
On 23rd May 2020, when resumption of domestic flight, i inform my willingness to come to Mumbai on 3rd of June, the owner informed that still some of his goods are there in that house, he would vacate after my arrival, i insisted to vacate before i come, if require i would arrange vehicle to vacate his house.
He sent me e mail on 28th May stating what are all goods left there and meant for vacation and requested me to arrange vehcile.It shows clearly that till end of May that house was not available for peaceful possession.
In the meantime, due to COVID condition, i wish to cancel the agreement and decided to stay back at Bangalore itself.
I had not taken possession of house at any time.
Now,the flat owner is asking to pay rent for April and May and also June and July as i am cancelling now.
kindly advice whether i have to give rent for the house which i had not taken possession and owner stays/keep the goods? am i eligible to get the refund of my security deposit of Rs.1500000/- without any deductions?
Asked 3 years ago in Property Law