• Owner deducting extra amount from security deposit

I have been renting a 1 BHK from the past 2 years in Kudlu road, Bangalore. I had rented it under Zenify( does not exist anymore) which got acquired by Nestaway. As of September last year, the Owner cancelled his contract with Nestaway and took the ownership of the building back. Since September 2019, I have been paying him rent within the first 5 days of the month. I had previously paid all the dues to Nestaway until August 2019 in the same manner. I am now looking to move out of this flat and had spoken to this owner about deposit refund. He said he is deducting 2 month's of rent, one month rent for painting and cleaning and one month rent additionally as he wasn't paid the amount for the month of August by Nestaway. Firstly, I wasn't informed on this at an earlier point. Secondly, in a transaction between the owner and Nestaway, how am I liable? While I agree according to the agreement he can deduct one month rent, how am I liable to pay the additional one month rent. Especially when I have already made the payment to Nestaway? Kindly guide me and how must I proceed. Thank you in advance.
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

The owner may not listen to your request in this regard, he will insist on deducting the rent which the Nestaway had not paid to him.

You can ask the owner to deduct the same  but ask him to give it in writing tht since the Nestaway group had not paid the rent for the month of August, they are deducting the same from you.

After that you can demand the return of the rent from Nestaway on the basis of the written receipt by the owner.

Since you are not knowing the facts, you may have to believe the words of the landlord.

 

T Kalaiselvan
Advocate, Vellore
85010 Answers
2207 Consultations

5.0 on 5.0

It is a case of breach of contract and the appropriate remedy is to institute a civil suit for recovery of money. However, considering that the amount involved  is not too much (compared to the legal costs that would be incurred in fighting out the case in court), it is advisable to get issued a legal notice to the landlord stating all the facts.

Mention the time withing which you are expecting a refund of security deposit and state that in case of failure you'll be initiate the civil and criminal proceedings (for breach of trust) against him.

This might act as a deterrence for your landlord to refund your money. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

He can't deduct such things which are not mentioned in the agreement. He can't deduct painting and cleaning charges. He can't deduct any such charges between him and nestaway. You can send him a legal notice and recover the amount through suit if not given

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

The owner my be very rigid and may not return the amount.

You cannot snatch money from the owner.

Hence you obtain a receipt from the owner as suggested so that you can recover these from Nestaway group through legal means.

No doubt you may have to spend more than the amount due if you plan to take legal steps either from the owner or fro the Nestaway group.

Hence you decide the best option available  before you.

 

T Kalaiselvan
Advocate, Vellore
85010 Answers
2207 Consultations

5.0 on 5.0

He must have been refused the rent from them and that is why he is bullying you into paying the rent. Refuse to give the money.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You cannot be a scapegoat in case they don't pay. Negotiate with them. 


You cannot be a scapegoat in case they don't pay. Negotiate with them. 


You cannot be a scapegoat in case they don't pay. Negotiate with them. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You are not liable if landlord has not received dues from Nestaway . 

 

2)painting charges can be deducted only if there is clause to that effect in contract 

3) you can after receipt of balance of security deposit sue the landlord to recover one month rentals wrongly deducted by him 

Ajay Sethi
Advocate, Mumbai
94809 Answers
7553 Consultations

5.0 on 5.0

You cna file police complaint against landlord for wrongful deduction of rent 

Ajay Sethi
Advocate, Mumbai
94809 Answers
7553 Consultations

5.0 on 5.0

1. Settlement Option with the present owner is possible ONLY if the land lord is amicable for the same or he signs a "continuing agreement" with Nestaway. IF he signs THEN he & nestaway becomes bound by earlier agreement and additional 1 months rent /penalty would not be deducted.

2. IF the rent amount is not substantial, THEN do not go for any legal issues since going legal would cost you money & time and affect your work.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Most landlords treat security deposit the way a dog would treat a bone.

2. Serve him a lawyer's notice to refund the security deposit in entirety and not make any arbitrary and unreasonable deductions. If he still does not refund then a suit for recovery of money can be filed against him.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Serve them both(Nestaway and the owner) with a legal notice and than file a complaint against the nestaway in the consumer court 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. The landlord can not deduct a single sum which is not stipulated in the rent agreement nor is supported by facts.

2. So refer to the terms of the agreement. 

3. Now if you find the actions of the landlord without any basis then lodge complaint with police for cheating. 

4. Civil suit to recover the amount may not be so cost effective. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

You can check agreement between you and Nestaway , Owner and nestaway compare the details terms and conditions and there fees or commission etc so here you will come to know the details facts and figure of the deposit amount.

 

Other wise you don't hand over keys or have face to face meeting and end the transactions.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

Don`t vacate the flat and stop paying rent and bills, till he not return full deposit. Tell him this on call. You are not liable if he cancel the contract with Nestawa. He is bound with same terms and condition which were applicable at the time tenancy started. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22659 Answers
31 Consultations

4.4 on 5.0

Yes, you are not liable to payment not received by owner from Nestaway.

Check the terms and conditions of agreement, if it captures for payment of painting charges, you may have to pay, it not, it is not your liability.

Yes, he entitled to one month's rent only.  You can ask him to deduce one month's rent and refund balance.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You can request him to deduct one month's rent and refund balance security deposit. 

If he fails to refund balance, you need to issue notice for refund of SD and file suit for recovery of money if he  fails.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

- Since, you have rented the said BHK , when it was acquired by Nestaway , hence before cancelling the contract , it was the duty of the owner to inform you for the same. 

- Hence, the payment done by you to the Nestaway , was as per instruction of the owner , and further the payment of dues received by the owner via Netsaway is showing that you have already paid to the owner update. 

- Hence you are not liable to pay the amount which you have already paid to Nestaway. 

- The owner is wrong to claim the rent for two months i.e. out of the cleaning etc from your deposits. 

- Further , if there is no clause of deduction of one month charges in the name of cleaning etc, then also the owner/landlord cannot ask for the same from you illegally. 

- Ask the landlord /owner to refund the full amount deposited by you. 

- If refuse , then issue a legal notice to him for the refund. 

- Further you can recover the entire amount after filing a recovery suit as well . 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

We would suggest you engage a lawyer and serve him a legal notice for recovery. The notice should detail the civil and criminal action (for cheating) that you will take against him should he fail to refund the amount within a fixed period. Typically the matter should resolve at this stage.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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