• Landlord not giving security deposit

I lived in their Pune apartment for 2 years Rent was 14500. My initial Agreement was made in September 2019-20, Covid struck, I was not available in Pune. The agreement was not renewed and was just said over a message that continuing the same agreement with 1000 Rs increase in the rent.

The security Deposit taken was 40K, I vacated the flat in August 2021 and told them to consider last month's rent from the deposit. So now 24K(40K-15500) had to be given to me. Since then, they have delayed it due to some personal issues. Now they have stopped taking calls, they blocked me , changed their numbers. 

I talk to the broker of the flat. They are trying to sell the flat and told me to wait. But it is already 1 year and whenever I ask money, they have issues.

On rent agreement, their address is not written, its the same flat address where I lived. Broker doesn't know where they live. I have threatened them once but because I have been polite, it didn't make them scared.

What should be my steps now. It's my hard earned money and I don't want it to get wasted. I want them to suffer.
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

File poluce complaint against landlord for cheating , criminal breach of trust under section 406,420 of IPC for failure to return your security deposit 

 

2) don’t file any civil suit fir recovery as legal fees will be more than money sought to be recovered 

Ajay Sethi
Advocate, Mumbai
99831 Answers
8148 Consultations

You can issue a legal notice demanding your deposit amount  and address the same to the landlord while making the broker as second addressee.

You can make the broker for vicarious liability since he had undertook the responsibility at the time getting this rental agreement with the landlord.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Try to obtain address of landlord, meanwhile issue lawyer's notice  on the address of flat seeking refund of deposit with interest warning of legal action of obtaining of stay against sale of flat. After that file a complaint in District Consumer Forum under new Consumer Protection Act, 2019 under which  proceeding are very fast. You will get refund with interest, compensation for mental harassment, cost of complaint and lawyer’s fee. It is  sufficient for you to file complaint on address of flat.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Dear Client,

Issue a legal notice asking for security deposit.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

- As per law, in the absence of renew the rent agreement , the tenancy will be considered as month to month basis

- Further , as you have already vacated the tenanted premises , then the landlord is under obligation to refund the security amount deposited by you. 

- You can send a demand legal notice to him on the same address where you was living as a tenant after making the broker as a party. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You need to send them  notice and file suit for Recovery of deposit

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Please send them a legal notice demanding immediate payment of the security deposit and in case of default, proceed to file a suit for recovery of money.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

Start with legal notice. But you said that threat on phone was not good enough.

As per our experience, people dont go to court for less than 50k.

But if you are sure then definitely you will get it back.

Ankur Goel
Advocate, Bangalore
454 Answers

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