• Rental deposit

Dear Sir/Madam,

I had taken a property on rent 6 months ago and had paid a deposit of 25500(3 months rent). Due to personal problems, I have to relocate and called up my owner and gave him an advance notice of 1 month as per agreement. However, he was insisting that I cannot vacate before the stipulated period of 11 months. He is not accepting the written notice and the speed post sent had bounced due to incomplete address(as shared by him). Tried reaching him multiple times over phone. He immediately disconnects when he hears my voice. What options do I have. Please advise.
Asked 2 years ago in Property Law from Ernakulam, Kerala
1. owner cannot force you to stay till 11 months .

2.SMS  ur notice of vacation to him on his mobile no.

3. you can also email notice of vacation to him at his email id, if u have it.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Hi, owner can't force you to stay in a premises at a stipulated period, better lodge police complaint and if he not refund the amount, you have no option, you have to approach civil court for recovery of money.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A. Issue Registered post with Acknowledgment to landlord address which is mentioned in the Lease/Rent Agreement. In case address is not found, you are eligible to vacate the premises as per the agreement.

B. You can send SMS or email with respect to communication, it is admissible evidence as electronic evidence under the Indian Evidence Act.

C. You can approach the court for recovery of the amount by submitting the rent agreement and it can be claimed as receipt of the amount and sufficient for claim the amount
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0
1) if your licence agreement provides that you can vacate premises by giving one month notice you cant be forced to stay for period of 11 months . 

2) if you have issued notice by speed post at the address mentioned in licence agreement it would be sufficient notice

3)however problem is you vacate now for refund of your security deposit of Rs 25500 would be herculean task . it dosent make sense in moving court for recovery of Rs 25,500 

4) better continue to stay without payment of rent till your SD is adjusted then vacate
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Dear Client,
Issue legal notice through advocate. Vacate the premises informing through written representation with acknowledgment to your Station House Officer about eviction and the tenant behavior.  File a suit for recovery of your security deposit with interest. The court will order to refund you security deposit and also reasonable interest and cost to the suit.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1. The terms for vacating the premises as mentioned in the agreement is important in this case,

2. If it has been mentionbed that if you leave before three months, then your advance money paid will be forfieted (as is normally mentioned in leave license agreements), then the owner is within his right in doing so,

3. If no such thing is mentioned in the said agreement, then the owner can not force you to stay in his house for 11 months,

4. If the speed post sent to his address which has been mentioned in the agreement signed by him has been returned for showing incomplete address, then it will be treated as good service,

5. You can certainly file a money suit to recover your Rs.25,500/- paid to the owner as advance,

6. The legal expenses for your getting the said amount will be more than that,

7. It will be prudent on your part to continue to stay in the said premise for three months to get the security deposit adjusted with your rent to be paid by you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) it is proper service if you have sent notice at the address mentioned in the agreement 

2) if you have to leave your premises by month end then your current month rent of rs 17,000 would be adjusted . 

3) for balance amount of Rs 8500 it makes no sense in moving court .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. Your service of notices will be treated as good sevices legally,

2. Now your claim for refund is Rs. 17,000/- only,

3. Get the above amount also adjusted with next two months rent to be paid to him since cost of filing recovery suit against him for recovering Rs.17,000/- will certainly be more than that,

4. You can lodge a police complaint for cheating you in refusing to refund you that amount.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
If he not responded your notice and you failed to find him. Inform the eviction to concern station house officer and evict the premises.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1.ur service of notices is valid legally.

2. again send legal notice by SMS to refund ur balance of rs.17000/- to owner in 15 days to you.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Hi, if he does not respond to your notice it is better lock the premises and same may intimate to jurisdictional police.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A. Whatever act committed by you in respect to communication to serve the lease agreement clause is sufficient and valid in the eyes of law.

B. You can intimate owner towards the remaining balance advance amount by SMS or Speed post to agreement's address. If the owner fails to communicate again, You can approach the court to initiate recovery proceedings or lodge the complaint before the police station under cheating.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0
1. If the agreement you entered into with your landlord provides that you can vacate by issuing a month's notice to him then you cannot be forced to continue.

2. The rights and liabilities of both of you flow out of the agreement. The notice period, if served by you, entitles you to leave and claim the security deposit.

3. You have the right to file a lawsuit to recover the deposit of 3 months which you had paid to him, albeit the legal expenses for recovering this amount will be exceed the amount itself. So it is not advisable to go to court for an amount of Rs.25,000. However, you may issue him a lawyer's notice to remind him of his duty to refund the security deposit.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. If you have sent the notice at the address mentioned in the agreement then the legal obligation has been discharged by you.

2. The amount of 17,000 will be adjusted accordingly if you leave by the end of the month. It is not at all advisable to go to court for an amount as low as Rs.8500 as the legal fee of your lawyer, court fee, etc will exceed this amount.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Issue a legal notice and ask to adjust the rent in the advance given and if no notice is send back immediately inform rent control office and nearest police station.give a notice in newspaper too
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0

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