• Landlord not willing to return deposit

Hello, I live in Pune.

I vacated rented apartment on April 30. I cleaned the entire, paid all the repair and Maintainance of apartment (plumbing, carpentry electric etc), and from my side, and professionally cleaned the apartment from Urban clap.
Up and above, My landlord is not willing to return the deposit. He wants the house to be painted from my side - which was not at all part of the rent agreement. He is not paying back deposit amount. What are my leagal options.
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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6 Answers

Issue legal notice to flat owner to refund your security deposit 

 

he cannot recover painting charges if no such clause in rental agreement

 

File police complaint against landlord for cheating , criminal breach of trust 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Dear Client, 

If talking to your landlord does not help, the next thing you can do is talk to a lawyer. He will help you frame a Legal Notice and send it to your landlord. 

Thank You

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

- Since, you have vacated the tenanted premises in the same condition which you got at the time of taking the premises on rent , then the landlord is under legal obligation to refund the entire security deposit to the tenant. 

- Further, both the parties are bound with the terms of the rent agreement , and if there is no clause for painting the premises at the time of vacation then he cannot duduct any amount from the security deposits. 

- You can send a demand legal notice the landlord, and if no response then file  a recovery suit before the court. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

You need to send him a notice and take action against him by filing suit


Dear Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

If the rental agreement states that yo are obliged to repaint it at the time of vacating the rented premises then you may hav to comply with the agreed conditions.

You cannot agitate or breach the conditions.

However if there is no such condition then you can issue a legal notice demanding return of the deposit amount, failing to comply with the demand you can approach court with a suit for recovery of your deposit amount.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

First, you need to send a legal notice to the landlord demanding full refund of the deposit immediately and proceed to file a suit, in case of default, at the proper court through a lawyer.

Swaminathan Neelakantan
Advocate, Coimbatore
3088 Answers
20 Consultations

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