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Roommate scammed me with fake bills and Security deposit what to do
26-Mar-2023 (In Landlord/Tenant Law)
Okay so here it is: I'm a student studying in a different city, Mumbai,India. I recently shifted with my roommates in a new apartment. I paid the Security Deposit to my friend, who paid the whole SD to landlord in cheque on his behalf. My friends moved in November and i joined them in January as i was living somewhere else and had to complete my term there. Now the thing is that i found out my roommate has been scamming me by representing fake electricity bills (bill was for 7K, he made a fake one for 7K so i paid the full amount), upon finding this i decided to immediately leave the place in March. Now i asked them to give me back my share of Security Deposit and they're saying that the agreement was for 10 months and i shifted out just in 2 months so i won't get a refund. Today i got to know that one of my roommate is shifting out and that the other one is also moving out, they both will get their refunds by the end of March, Now in this case even i want my share back, so do i have
Hi,
You have cause of action for Fraud against your friend for fake bills. As far as security deposit goes, it is paid by your friend in his name, so on paper he is the licensee of your landlord. However, since you have paid him that amount, you can recover the same from your friend. What are the terms of your agreement with the landlord and what is the minimum lock in period. Your landlord can keep certain sum with him of your security deposit, but he has to pay the rest to you guys. In the event of failure, you need to file a suit for recovery against your landlord and your friend.
You have cause of action for Fraud against your friend for fake bills. As far as security deposit goes, it is paid by your friend in his name, so on paper he is the licensee of your landlord. However, since you have paid him that amount, you can recover the same from your friend. What are the terms of your agreement with the landlord and what is the minimum lock in period. Your landlord can keep certain sum with him of your security deposit, but he has to pay the rest to you guys. In the event of failure, you need to file a suit for recovery against your landlord and your friend.
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Adv. Rushil Aiya
Mumbai | 100+ Answers
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