• Landlord not returning security deposit money

Hi, I had rented a 2bhk house in 2010 in Dwarka, New Delhi, my rent at that time was Rs. 12,500, and after signing the rent agreement I had given a sum of Rs. 25,000 to my landlord for 2 months security deposit. I stayed in the same house for the next 6years and in between my landlord kept increasing the monthly rent, in 2015-16 I was paying Rs. 17,500. But the thing is after the first 11 months rent agreement my landlord never renewed the rent agreement, and the security deposit money which I had given him remained Rs. 25,000. 
In May 2016, I realised that the wardrobe has major termites and I asked my landlord that I would like leave the house as I have a small child, for that he agreed, so after a months notice, I vacated the house and gave him the keys back. 
Now when I am calling him to ask for my security deposit of Rs. 25,000, he is saying that I have damaged the house with termites and instead I should pay him Rs. 50,000 extra for damages, he also said you have to make the house as it was 6years back, which I think is impossible as normal wear and tear has to happen in 6 years and in the period of 6 years he never got any white wash also done. 
So my question is will I be able to claim my security money legally as my rent agreement is 6 years old? If yes, then how?
Asked 5 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) landlord is bound to refund security deposit on vacation of premises by licensee 

2)if any damage he been caused to house landlord ought to have brought it to notice of licensee at time of delivery of possession 

3) if landlord refuses to refund SsD issue legal noir in this regard to recover the same 

4) filing recovery suit may not be advisable as legal expenses wil be more than money sought o be recovered 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
If you were responsible for the damages then you may have to make them good.
However the reasons for termites creeping may be due to bad construction using sub standard materials for construction otherwise there are no chances for the termites to invade a newly built house so soon. 
No doubt the house should have been maintained by white washing it at least once a three years to terminate such menaces.
Even now you can either issue a legal notice demanding the return of the security deposit or can amicably solve the issue owing to the litigation cost and the mental stress as well as fatigue involved in the recovery process. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Well, try top negotiate and get whatever you can.
If he still refuses to make payment then lodge complaint with local police.
On that basis you can start case of cheating.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
I believe you would be having your mobile connection / society maintenance receipts (even if on landlords name)  etc  or any other bill showing that you were resident of this house (rented house), if yes then you should send a legal notice to the landlord and ask for refund of your security deposit as when termites is something which you can not have a control on and it should have been treated. If this is not very late, send him a legal notice through a lawyer. Your money should come back by this. 
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
This is something most landlords do. You should have set off the security deposit against the rent of the last month. Be that as it may, issue him a lawyer's notice for refund of SD, and if he does not do that then a suit for recovery of money with compensation may be filed against him in the civil court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12136 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0