Deposit issue after rental agreement is expired
I was sharing a flat with other 3 girls, the agreement was supposed to be renewed on 1st april 2014.
I was shifted in flat in february 2014, so my name was not there on agreement. I transferred the deposit amount to previous girl who vacated the flat before me. On 1st may 2014 I shifted out to another room. but other girls are still there.
When I asked owner they said notice period is of one month, but those girls are saying that notice period is for two months and not giving my deposit back. For my replacement I bought 4 girls but for all they are making some excuses and saying we don't want those girls in flat. small reasons like - student girl, kolkata girl(so non vegetarian, even she had agreed to eat non-veg out), office shift time of girl will break their sleep(shift timings 2 pm to 12 midnight, when I saw everyone sleeps at around 12.30 everyday).
So i want to know that
1. Once rental agreement is renewed, and I am not staying in that house, is it still good to let them keep my deposit?
2. when owner says notice period is one month, how it is valid for other girls to say notice period is two months? (when they had not mentioned it when i came in house)
Please help me soon, as I need that deposit money to give it to my current owner. He has understood the problem and has given me time till 20th May 2014
Asked in Property Law from Bangalore, Karnataka
Before giving correct advice its better to go through the agreement between the occupants and the owner. What I have understood is you had shifted to this flat in february 2014 replacing another girl and paid her the deposit amount. The agreement was supposed to end on 31st March 2014 and it was to be renewed w.e.f. 1st April 2014. Did the agreement was renewed w.e.f.1st April 2014 and if so, whether your name is there in the agreement as one of the parties?. How could you vacate the place on 1st May 2014 without receiving your deposit money back.
I vacated as I don't wanted to stay there anymore as there were water problem and no proper ventilation (I know it was my mistake that I should have considered these things). And those girls stay very unhygienic. (may be coz of all this or other reasons) I got hospitalized for typhoid. When my parents came here they advice me to change the house. I told them that I will be vacating but will pay 1 month rent even if m not living there. And they did not like all girls came to see the house as my replacement I told them to find other girl during this month. They agreed that time, and now as the time is going to over they are saying that you would have given notice 2 months earlier. When I asked owner, it was 1 month.
I will check with owner if agreement is renewed or not. How I will get the money back in both cases? if agreement is done and id it is not done (is it legal to stay in flat after agreement has been expired) ?
Asked 3 years ago
1) your name is not mentioned in the agreement entered into with the licensor .
2) you have no evidence of payment of any security deposit to the licensor .
3) it appears gilrs dont want to return your security deposit .
4) girls cannot increase the notice period to 2 months particularly so when the licensor in his agreement has specifically mentioned that notice period is 1 month only .
5) i do hope that you have paid security deposit to the girls by cheque and have obtained a receipt for the same .
6) issue legal notice to recover your security deposit
I fully agree with Advocate Mr.Ajay Sethi and you are advised to act accordingly.
I checked with owner,
1. notice period was two months, owner told wrong before.
2. But agreement has expired
3. it has not been renewed since last two months
4. Still I'm paying one month rent. (I guess notice period is when you tend to leave before agreement expires)
Now even if I issue legal notice, on what points shall I issue? and against whom? Owner or those girls?
Asked 3 years ago
5. My name was not there on old agreement
6. The old girl to whom I have transferred money, her name is present on agreement.
Asked 3 years ago
1) no agreement has been signed by you with the owner .
2) security deposit was given to girl only who se name is mentioned in agreement she signed with licensor
3) legal notice will have to be issued to her only