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Heavy deduction in security deposit by owner what are my rights
27-Nov-2023 (In Landlord/Tenant Law)
Dear Sir, I have taken rent in Dec 2012,in C. V raman Nagar, Bangalore with Security deposit of Rs 1,200,00 and rent of Rs 15,000. Last month I vacated the house with proper notice.Owner has deducted the security deposit of Rs 49,506 showing whitewash and painting expenses.Futher, I lost intrest of Rs 50,000 also on security deposit.Request you to suggest me my legal rights.
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.
Helpful?
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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It is certainly excessive, but any representation or action has to be based on your Lease/Rent agreement. Therefore, it advised to consult a lawyer dealing in these matters or you can write to us. Without going through the agreement nobody can really advise correctly.
Helpful?
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