• Landlord has not returned my deposit after 6 months of vacating

I was given two post dated cheques (one for 90000inr and 70,000inr) at the time of vacating the place. 
First cheque worth 90,000inr got cleared and the second cheque (70,000inr now expired) got returned back to me due to insufficient funds. 

Now its been 6 months and no positive response from the Landlord.
Land Lord has not returned my Deposit even after several attempts of contacting him and texting. I am holding on to the Keys and Its of no use since I need the money.

I have always paid my rents on time without a single day’s delay.

I have seen a lot of tuff times and sold my bike to pay the deposit for my new office. 

I really need the money. Please advice. 

Is there any way I can sublet the place and get what my money back legally?
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) issue legal notice to landlord on account of dishonour of cheque 

2) you can file summary suit to recover Rs 70000 with interest 

3) also file cheque bouncing case 

4) you cannot sub let the premises 
Ajay Sethi
Advocate, Mumbai
46601 Answers
2756 Consultations

5.0 on 5.0

You missed the bus by not filing the criminal case for cheque bounce against the landlord. If the cheque had bounced due to insufficiency of funds you had a potent remedy of launching his criminal prosecution for cheque bounce which would have pushed him to the corner but this cannot be done as you are well past the limitation to do it. Now the only remedy with you is to file a civil suit for recovery of money against him. 
Ashish Davessar
Advocate, Jaipur
23084 Answers
639 Consultations

5.0 on 5.0

1) As the cheque returned you should have asked him to issue another cheque. Therefore you have co option to file a cheque return case.

2) What you can now do is to send a legal notice for return if the deposit arrears. That he has not responded p positively to your requests the legal notice is necessitated.

3) If he fails to comply and does not pay up you can file a suit for recovery. Engage a lawyer locally to assist you.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

Hi, When the cheque is dishonoured you have to initiate a proceedings under 138 of the NI Act, but you have not taken any action so far, Now based on the cheque dishonoured you have to file a suit for recovery of money.

2. If you want you can also lodge a police complaint against your landlord.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

You have two options before you, a) file a cheque bounce case against the landlord and recover the amount on the cheque.
b) file a money recovery suit against the landlord for the amount that is due on the returned cheque along with interest and other incidental charges, for this suit you will have to pay court fee as per the total demand raised.
First and foremost for option (a) you must issue a statutory legal notice U/s 138 of N.I.Act within 15 days from date of return of the cheque, for option (b) issue legal notice and demand payment within 15 days.
If landlord fails to repay the amount demanded then proceed to file the complaint/suit for recovery.
Holding onto the keys does not make a big difference because the landlord must have let out the premises to some one else already. Return the keys otherwise the landlord will refuse to refund the balance stating that you have not vacated the premises and handed back the vacant possession of the premises to him.
My advice would therefore be take a letter along with the keys to the demised premises hand over the keys obtain the signature of the landlord clearly stating that the cheque issued by him for refund of the deposit amount has been dishonored and that he undertakes to repay the amount on the cheque immediately.
Kiran N. Murthy
Advocate, Bangalore
1010 Answers
91 Consultations

5.0 on 5.0

1. You should have filed a cheque bouncing case against the land lord within 3 months,

2. You can file a police complaint for his cheating you,

3. You can try to recover the amount by again starting to stay there or sub-letting it.
Krishna Kishore Ganguly
Advocate, Kolkata
18730 Answers
452 Consultations

5.0 on 5.0

Send a legal notice to land lord for return of advance amount. You can choose only civil law  for getting the amount. The cheques and lease agreement  can be used for filing case against land lord as evidence 
Ajay N S
Advocate, Ernakulam
2815 Answers
47 Consultations

5.0 on 5.0

First thing you should be aware of is that legally you are still a tenant since you have not handed over the keys to the landlord.
You have a claim for refund of advance only when you have physically handed over the house to the landlord after vacating it.
You may issue a legal notice to the landlord to return the security deposit amount since yo have already vacated the house without mentioning that you ae still holding the keys, if he is insisting on that, you may dispute his idea saying that as you have vacated which was properly communicated to him, it is liability to return the amount, filing which, you may inform him that you will initiate legal action against him including a criminal complaint with police.
You can even lodge a complaint for cheating you.
T Kalaiselvan
Advocate, Vellore
36720 Answers
403 Consultations

5.0 on 5.0

after lapse of 6 months you cannot file complaint under section 138 NI Act but you have right to initiate proceeding under section 420/467/468 IPC for the offence of cheating and making instrument with intention to commit fraud. 

file an FIR on the basis of bank's statement i.e. not sufficient fund. this the only way of recovery of money.  
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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