• Need an advice to deal with the landlord who himself is a lawyer.

Hi,

Myself Amit Sharma and I am currently working in a IT company here and staying in a rented flat.
I would like to share some incidences and then Ill put up my problem.

1. When we occupied the flat, there was some unfinished furnishing work which owner promised to get completed in some days but that never happened. Due to that my kid got injured and ended up having stitches on upper lip.

2. A few months back there was an electric failure and I wanted to talk to my landlord to see if he knows any electrician who can repair it as I did not know much about the area and there is a language hurdle also. I called up my landlord's number and his daughter picked up the phone and said she will let her father know that I called.

After 3 hours I called again to check if she got a chance to tell her father about the same, she again picked up the phone and started harassing and abusing me.

3. I waited for 11 months to be completed and I looked for another property to stay as I was fed up with their treatment. According to my rental agreement, one month notice is required from either side to vacate the apartment and I intimated my landlord 1 month and 2 days advance.

Now the problem is he is telling he will not refund the amount before 3 months. he literally "Do whatever you want to do I will not refund it before three months.".

Please share all the possible solutions I have and also if their are chances to pull him in a suite of harassment.

Thanks
Amit Sharma
Asked 3 years ago in Property Law from Bangalore, Karnataka
You have the following options
A) Issue a legal notice thru an advocate demanding refund of the security deposit,
B) If after receipt he fails to refund the same, then proceed to file a suit for recovery of the said amounts, together with interest and all other incidental charges.

Even after receipt of the notice if the landlord fails to refund the amounts in time, file a police complaint against him in the local police station, hand over the keys in front of the Inspector.
Any further clarifications you could contact a local lawyer
Kiran N. Murthy
Advocate, Bangalore
810 Answers
56 Consultations
5.0 on 5.0
1. Both of you are bound by the terms of this agreement.
2. Since he is refusing to return the security amount, legal recourse is only option.
3. If you can not stay in the property at all then vacate it preferably after notice period and then file case against the landlord for  recovery of money.
4. You can file criminal case as well for criminal breach of trust.
Devajyoti Barman
Advocate, Kolkata
6480 Answers
72 Consultations
4.9 on 5.0
1) if the landlord refuses to  return  the security deposit on expiry of the agreement then you can issue legal notice to landlord . 

2) if he refuses to refund the security deposit  file summary suit for recovery of your security deposit . 

3) you can  file criminal complaint for criminal breach of trust against the landlord 

4) there are number of lawyers on this website from bangalore contact any of them
Ajay Sethi
Advocate, Mumbai
26135 Answers
1421 Consultations
5.0 on 5.0
Case of criminal breach of trust u/s 406 of IPC.
Devajyoti Barman
Advocate, Kolkata
6480 Answers
72 Consultations
4.9 on 5.0
Send notice right now.
Devajyoti Barman
Advocate, Kolkata
6480 Answers
72 Consultations
4.9 on 5.0
send legal notice now
Ajay Sethi
Advocate, Mumbai
26135 Answers
1421 Consultations
5.0 on 5.0
send notice immediately.
Kiran N. Murthy
Advocate, Bangalore
810 Answers
56 Consultations
5.0 on 5.0
Your preference is somebody near your locality. I am located in Indiranagar, HAL 2nd Stage, would it not be different. think and let me know.
You could reach out to me with prior appointment on my mobile No: 9341262422
Kiran N. Murthy
Advocate, Bangalore
810 Answers
56 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
26135 Answers
1421 Consultations
5.0 on 5.0
we have advised you to issue legal notice . number of lawyers on this website from Bangalore . meet any of them for consultations and issue of legal notice
Ajay Sethi
Advocate, Mumbai
26135 Answers
1421 Consultations
5.0 on 5.0
yes, to me legal recourse is the only option left.
I wonder why the local lawyer restrained you from taking legal action.
Devajyoti Barman
Advocate, Kolkata
6480 Answers
72 Consultations
4.9 on 5.0
It is unfortunate to learn your distress.
You better take help of another lawyer.
Devajyoti Barman
Advocate, Kolkata
6480 Answers
72 Consultations
4.9 on 5.0
anyhow contact lawyers from this website . they will surely send legal notice on your behalf on payment of legal fees
Ajay Sethi
Advocate, Mumbai
26135 Answers
1421 Consultations
5.0 on 5.0

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