• Deducted Amount from Security Deposit

I have taken a 2 Bhk flat on rent on 15 Jan 2016 address - Unit 3, Plot 20, 4th Main, Shankranthi Layout, Santhrupthi Nagar J P Nagar 7th Phase Bangalore and paid a deposit of INR 160,000. Due to some personal reasons i have to vacate the flat in 3 months and i was not able to serve the notice of 2 months mentioned in the agreement. Now the landlord has deducted 1.5 months of rent equals to INR 24,000. When asked why he said that i have not given him the full notice, but in the rent agreement it was not mentioned that he will deduct the amount if i did not serve the notice what was written in agreement is - "The Tenant or Owner may terminate the agreement anytime during the agreement period, subject to the issuance of an advance notice of 2 months in writing."
Also what he is saying is this sentence means that he will deduct the money it is understood. I don't understand how can it be understood & also he has not mentioned this to me while signing the agreement.
Please let me know if i can get my money back and how can i?
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Other
1) the deduction of 2 months rentals is illegal . 

2) there is no clause that in event of  failure to give 2 months notice licensee  has to pay 2 months rentals 

3) issue legal notice to landlord to pay amount of Rs 24000 wrongly deducted by him 
Ajay Sethi
Advocate, Mumbai
45486 Answers
2672 Consultations

5.0 on 5.0

Either you serve the notice period or pay rent equivalent to the period to the landlord if you wish to vacate the property. If you do not honour the notice period clause the landlord can deduct the unpaid notice period from the security deposit even if there is no specific clause in the rent agreement that would empower him to do this. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, If you go to the court you will get the money but the thing is practical problem if you go to the court your expenses is more then what you are receiving so it is better lodge a police complaint against landlord and tried to settle the matter in Police station.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

according to section 92 of the evidence act when terms of the contract is mentioned in writing then no oral statement is admissible. 

send him a legal notice for payment of money because this term is not mentioned in the contract. thereafter you should file a case before the small causes court for recovery of  money. 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

The rental agreement is clear that either party should give two months notice for terminating the agreement, this clearly implies that the notice period payment can be made by either of the party to the agreement if violated.
If you are still not satisfied you may issue a legal notice to him to return the amount deducted from the security deposit amount, failing which he will be drawn to civil court for recovery.
T Kalaiselvan
Advocate, Vellore
35651 Answers
387 Consultations

5.0 on 5.0

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