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Procedure for refund of Advance for Home Rent given to landlord


11-Dec-2023 (In Civil Law)
I have paid an amount of Rs.40,000 to a landlord as advance for home rent through an account payee cheque on 25-11-2017 and I have taken an acknowledgement for the same.The rent was fixed at Rs.11,000 per month and the rent was to start from 01-12-2017.But due to some unavoidable circumstances I could not shift to the house and as such on 04-12-2017 I have informed the landlord about the same and requested him to deduct one month's rent and return the rest of the amount.Also, I have not signed the tenancy agreement.But till today he has not refunded the amount.Kindly advice what are the options available and how can I recover the money?
Answers (2)

Answer #1
834 votes
It seems that you need to send that person a notice to refund you the money as you have not entered into any agreement with him. If he doesn't respond, then you may file a suit for recovery of the amount along with interest and cost.
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Advocate Bidhayak Acharyya

Adv. Bidhayak Acharyya

LawRato Guwahati | 50+ Answers
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Answer #2
751 votes
Hello, (1) continue to live on the premises without rent till the security money is adjusted. (2) Issue a legal notice asking him to pay the security deposit amount. (3) file civil suit for money and criminal case for cheating and criminal breach of trust. Regards
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Advocate Fauzia Khan

Adv. Fauzia Khan

LawRatoDubai | 5+ Answers
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