• 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 2 years ago in Property Law
Religion: Hindu

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20 Answers

Do you have registered the leave n license agreement and registered with it online state govt with sub registrar.

 

If the agreement is not registered than you are not eligible to pay the rent nor owner can force you in this conditions. when you have not taken physically handover of the flat possession.

 

So here owner has to return the deposit which you have paid in advance.

 

 

 

Ganesh Kadam
Advocate, Pune
12418 Answers
192 Consultations

4.9 on 5.0

You are not liable to pay rentals for moth of April and May as you were not granted possession of flat 

 

2) you would be required to give notice if you want to terminate agreement 

 

3) landlord can claim notice period rentals 

 

4) ask him to adjust against rentals and refund balance security deposit

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

1. The landlord is not entitled to rent of April and May as no physical possession was handed over to you.

You may serve the notice and terminate the agreement also ask for the refund of security deposit. As per termination clause he may ask for rent for notice period though he failed to give possession so you can issue notice and ask for complete refund.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. from the events narrated by you, it is clear that formal possession was not taken by you

2. such a formal possession could also not be taken due to lockdown 

3. the owner cannot force you to take possession during the lockdown as that would be breaching the provisions of the Disaster Management Act and Epidemic Diseases Act and the various government circulars by which lockdown was imposed in the country due to which there was and still is a restriction against movement

4. the fact that the articles of the owner were still lying in the flat also reinforces the fact that apart from you being unable to take possession, the lying of the owner's goods in the flat also prevented you from taking possession

5. so in my view the owner cannot insist for any rent payment for the period for which you were never in possession

6. the cancellation of the agreement will be governed by the agreed terms stated in the agreement itself

7. your license period in my view would officially begin when the flat was made ready for occupation by you coupled to the fact that there have been easing of lockdown restrictions - so that date will be reckoned for the purpose of you coming in occupation of the premises [whether or not you physically take possession]

8. so if there is lock in period after date of occupation and there is any restriction against terminated as agreed in your agreement then you would be bound by that and the deposit has to be adjusted accordingly

9. i suggest both of you must take a practical approach in this matter. I think the owner is acting sticky and needs to reflect and be a little pragmatic.

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

You need to work out with him mutually on the said terms of agreement. If it's sorted out mutually it will be good for both of the parties. Otherwise you need to file suit for recovery of SD through specific relief Act through court. First send him a notice

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

Better take possession, live for 5 6 months without paying rent and settle the advance. Owner certainly will create  trouble and will not refund.

When one month rent will due, he ask for rent, tell him deduct and refund rest amount and if not refunded, you will not pay rent. Tenant cannot be evicted without due process of law.

This is the only way out to recover dues. Case will take long time and have to file in Mumbai.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0


In the lease deed was there any clause in respect to Force Majuere?
Only a close reading of the lease agreement can indicate the quantum of refund of the security amount.

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

1. IF you can documentarily prove that you did not take possession of the tenanted premises AND the landlord continued using his premises (whatsapp messages, phone recordings, notices, etc.... ) THEN you are legally not liable to pay any rent of whatever and you can demand back your deposit.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

As the landlord not delivered the vacant possession of the rented premise, it can be considered that you have not take possession hence the commencement of rent will not take place until the premise has been physically handed over.

You can mention the same and citing the current pandemic situation and lock down, you may communicate your decision to cancel the agreement and demand return of your deposit amount with any deduction, failing which you may file a money recovery suit through civil court in  Mumbai.

You can issue a legal notice to the landlord in this connection.

 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

The agreement became active as soon as you signed it if specific date is not mentioned. 

At max. 10% deductions can be made but you are still eligible for refunds.

Serve him with a legal notice. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

- As per Section 105 of the Transfer of Property Act,a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.

- Further, under Section 108(c)of the Transfer of Property Act. the lessee is put in possession , and it is the duty of the landlord to allow the tenant to continue in possession without interruption, and further the lessee is bound  to pay the rent to the lessor at the proper time and place 

- Hence, it is clear that one of the essential ingredients of lease, is, an interest in the subject property is to be created in favour of the ‘lessee’ by the ‘lessor.

- Since the possession is not given by the owner to you, hence legally the landlord cannot take rent for the period of delay, as the actual possession to of the tenanted premises is not give to you , even due to lockdown etc. 

-  Further , the said landlord legally cannot recover the rent from you for the period of April to July or even deduct the same from your security deposits. 

- You should issue a legal demand notice for the refund of the security deposits paid by you , and if no response , then file a suit for recovery of security deposit before the court . 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
10265 Answers
123 Consultations

5.0 on 5.0

Dear Sir,

The fact mentioned clarifies that the situations were not under your control and also the house was not vacated by the owner and hence you are not supposed to give the rent and he is liable for the refund to security deposit. 

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Your Rent only starts from the day of your Physical possession, and as per your circumstances of him being not vacating the flat fully gives you the right to no pay any rent for the April and May.

You can write him a letter stating all the facts and request him to refund the security amount,

You will be eligible to get the refund of your security once you give an advance notice of 1 month  or what ever is mentioned in your agreement,  thereafter you are liable to get the security back. 

it is best advisable to kindly solve this amicably else this can take long.   

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

Dear Client,

If you not take physical possession then owner cannot asking to pay rent.  

Mukesh Kumar
Advocate, Jaipur
92 Answers

4.9 on 5.0

You need not pay rent for the months of April & May, 2020 since possession of property was not given by him and not taken by you.

You are entitled to get your security deposit back, but you may have to pay for notice period for cancellation of agreement.

You can ask him to deduce the rent for notice period and refund the balance amount to you.

If he fails to refund the balance, you have to issue notice for refund of balance amount, followed by suit for recovery of money. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hello,

As the owner could not vacate the said property in time you can send him a legal notice informing him about the cancellation for non performance and breach of contract by not vacating the premises within the time and demand full refund of the security deposit.

Hope this helps.

Swarupananda Neogi
Advocate, Kolkata
2947 Answers
6 Consultations

4.7 on 5.0

Since this rental agreement has been breached and under due date the apartment on a has not get the property and give the possession to you he cannot claim the rental 40 London period when the property was not available for possession.

This matter can be started out amicably but in case there is any dispute the agreement in this regard can be taken as a reference to sort out the dispute otherwise you can go to the court the apartment on a has no right to take the security amount and rent for the period it was not in your possession.

Increase your force to take legal action in this regard definitely you have to claim the legal charges and cost of the interest and the amount of security and any other amount paid in advance you have to send a legal notice to the apartment owner in this regard failing to fulfill the requirement after notice and comply notice conditions you can move to the court for refund.

The quote for this purpose will be the consumer forum

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1. No you are not liable to pay rent for a single day to landlord because you never took possession of house because lockdown was imposed by govt due to corona virus outbreak.

2. Ask landlord to refund complete amount because house was never available for peaceful possession so you are not liable to pay the rent of the house. 

3. If he refuse to refund the money then send him a legal notice through your advocate for termination of rent agreement and refund of deposits.

4. After that suit for recovery will be the only option left if he refuse to refund the money.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been subjected to some false statements by the owner about its availability which makes your case more strong.
  2. I would like to apprise you that by taking the help of the same false statements you can get it cancel and get your money back.
  3. As you always have the intention to come but due to lockdown you were helpless.
  4. As otherwise also, conduct of the owner for now, shows his reluctant behaviour towards you.
  5. You just don’t worry, write e detail legal notice to him via mail and then wait for it’s positive reply, if no such reply then you always have the option to approach the court of law for the refund of money with compensation for metal harassment.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

You had an agreement with the landlord. You couldn't come due to lockdown. Now he had also not vacated the flat and hence he cannot blame you for not coming when he himself couldn't vacate the property.

You may give a month's rent but that is the maximum you should pay. Other than that it is extortion. He didn't suffer any loss. Nobody could have taken the property on rent during that time anyway.

 

Rahul Mishra
Advocate, Lucknow
13845 Answers
65 Consultations

5.0 on 5.0

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