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Landlord deducting money from security deposit - what can be done
10-Nov-2023 (In Landlord/Tenant Law)
Hello, I was staying in a rented house registered under leave and licence act. I left the House on 30th September. My bed and DTH was lying in the house after 36 days of eding the agreement. The owner and i mutually agreed to allow to keep the same and get house cleaned. Now he owner has not returned 6000 out of 40000 as security deposit. He is now claiming that I shall paint the house, get pest control. Is it legal to ask to do so after 45 days of end of agreement? He was suppose to pay me balance of 6000 on or before 15th Nov as per termination clause. Further as per agreement, he can charge the rent at double the rate for the goods I kept...but we mutually agreed for the same and had whatsapp chat. Kindly let me know best option available
Whether there was rental agreement entered between the landlord and the tenant?, if yes, then whether the rental agreed period expired or not?
If the rental agreement period is expired then the tenancy stands terminated if not renewed,
Under the situation it becomes the duty of the landlord to refund the security deposit after deductions for minor repairs, painting services and balance of rental amount, if any.
If the rent agreement period is not expired then the clauses for notice for vacating the tenanted premises is to be seen.
If there was no rental agreement in writing and the tenancy was oral, you may communicate your decision to vacate the house/premise in writing by registered post to the landlord and specify the date of vacation while making a demand for the refund of the security deposit held by him.
After having specified the date for vacating the premises, you may inform him that if he is not collecting the keys, you are not bound to pay any rent beyond that date and he is bound to refund the deposit without any deduction beyond that date.
If there is no response, you may issue a lawyer's notice and draw him to court for recovery.
If the rental agreement period is expired then the tenancy stands terminated if not renewed,
Under the situation it becomes the duty of the landlord to refund the security deposit after deductions for minor repairs, painting services and balance of rental amount, if any.
If the rent agreement period is not expired then the clauses for notice for vacating the tenanted premises is to be seen.
If there was no rental agreement in writing and the tenancy was oral, you may communicate your decision to vacate the house/premise in writing by registered post to the landlord and specify the date of vacation while making a demand for the refund of the security deposit held by him.
After having specified the date for vacating the premises, you may inform him that if he is not collecting the keys, you are not bound to pay any rent beyond that date and he is bound to refund the deposit without any deduction beyond that date.
If there is no response, you may issue a lawyer's notice and draw him to court for recovery.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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