Landlord refusing to return security deposit what can I do
01-Jul-2023 (In Landlord/Tenant Law)
I lived in a house for about five months@Rs13000/- rent and security deposit of Rs55000/-. Now the landlord is refusing to refund my security deposit for no reasons. There was no terms & condition in agreement for mandatory stay of 11 months. First he said that he'll give in 15 days then he said he wont give at all. I've approached the association as well as local police station but all of them are just telling that file a civil case. Please advise what to do.
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.
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.
If there is no response, you may issue a lawyer's notice and draw him to court for recovery.
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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