If landlord refuses to refund security deposit files complaint against st landlord under section 406,420 of IPC for criminal breach of trust and cheating
2) you can also file civil suit to recovery your deposit with interest
Landlord harassing us since rent agreement was not registed
We signed registered agreement however due to technical glitches the data was lost by MH government portal and the agreement did not register in the system. Since then the owner has been harassing us. We were asked to vacate the flat within one week of shifting to this property. We will be living withing first month and have served notice, cleared all dues and paid advance rent on 1st May and 1st June as agreed. We will be vacating the place on 30th June'23. As on date today (24th Jun'23): 1. We don't have access to any amenities or society access cards, access card is mentioned in the agreement 2. RO purifier was not well maintained and it stopped working within couple of weeks. Owner said that they won't repair the purifier while we are living in the flat. RO purifier is listed in the agreement 3. Owner asked us not to put on any nails on the wall. Therefore, our TV, AC, Wall clock etc. are on the floor. This is not agreed in the agreement. 4. Yesterday, owner called and said he are letting us stay in the flat on "humanitarian" basis. While earlier when I requested them to adjust the rent in security deposit he reminded me of "contractual obligations" to pay the rent. We are worried that we will not get our security deposit in spite of all the adjustments made by us. I have no clue why were we harassed.
Asked 2 years ago in Property Law
Religion: Hindu
11 Answers
If agreement is registered then there must be registered agreement with stamp, receipt etc so if you have said necessary documents then it does not matter as to whether the same is on portal or not. If both parties have signed agreement then such agreement is valid. Agreement can be oral also. If you are ignorant about your rights and privileges, then law can not help you. The agreement shall prevail, and accordingly, security shall be payable.
P.S.: I forgot to mention, we were threatened yesterday that we can be thrown out of the flat with our household items since agreement is not registered. We are a family of 5 members- me, wife, daughter (3 yrs) and parents (sr citizen). We have recorded the conversation.
Asked 2 years ago
Report the matter to police. You are lawful tenant. Registration does not validate any document nor non registration invalidate an agreement. Registration is merely a formality. Even oral agreement is valid in law. Being tenant there is nothing to worry. You have independent rights. If required consult with detail.
You can obtain court orders restraining landlord from dis possessing you without following due process of law
If the owner refuses to refund the rental deposit in full at the time of your vacating the flat, refuse to move out unless he settles the amount. If he persists with threats, lodge a police complaint based on recorded evidence.
- As per law, the landlord cannot take the law of the land in his own hand , and hence he cannot evict you forcibly without due process of law.
- Hence the threatening of the landlord is against the law , and you an file a complaint before the police for the offence of threatening and breach of trust
- Further , you can also file an Injunction suit before the court for restraining the landlord to evict you forcibly.
- Further, if you have paid rent up-to-date , then the landlord is under obligation to refund your paid security amount
- If not refund , then you can file a recovery case for the refund of the amount.
You can approach court with a suit for injunction against the landlord to restrain him from indulging in such activities to throw you out by force without any valid reason or by not adopting the due process of law.
You can also ask for restoration of basic amenities by an order to the landlord till such time there is an order passed by the court in this regatta.
Before that you can issue a legal notice to the landlord demanding all the facilities pertaining to your basic amenities.
You can seek police protection against this arrogant and wild actions of the landlord for you and to your family members, simultaneously you can approach civil court with a suit for injunction on the basis of oral rental agreement or the unregistered rental agreement and seek court direction to the landlord to pursue due process of law for evicting you instead of taking law into his hand
You can recover the same by filing a suit again him there is no compulsion for getting the same registered
Hello,
- You have made more than needed compromises as tenents despite having paid advance rent.
- No one can throw you out as threatened. You need to file a police complaint regarding the intimidation immediately. In your complaint mention about what happened at the registration and that he has the deposit and you are apprehensive about the refund not being done promptly.
Since you mentioned that you have recorded the conversation and have concerns about your security deposit and potential harassment, it would be advisable to consult with a lawyer specializing in property or tenancy law in your area. They can provide you with accurate advice based on your situation
Consult an attorney: Contact a lawyer who specializes in property or tenancy law to discuss your situation in detail. They can review the terms of the agreement, assess your rights, and provide guidance on the best course of action.
Maintain documentation: Keep records of all communications, including emails, messages, and recorded conversations with the owner. This documentation may be useful if you need to pursue legal action or defend your rights.
Review the agreement: Carefully review the terms of the agreement you signed. Identify any clauses related to access cards, maintenance, and other obligations. This will help you understand your rights and responsibilities as per the agreement.
Mediation or negotiation: Consider discussing your concerns and issues with the owner through a neutral third party, such as a mediator or an attorney. This can help facilitate communication and potentially resolve conflicts without resorting to legal action.
Seek legal remedies: If negotiations and mediation do not yield satisfactory results, consult with your attorney regarding the legal remedies available to you. This may include filing a complaint with the appropriate authority, seeking compensation for damages, or pursuing legal action to protect your rights and security deposit.
