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Landlord concealed the facts and took advance, not refunding, advise
27-Jan-2023 (In Landlord/Tenant Law)
I stay in Hyderabad and the house owner is in Vizag. She requested to transfer the rental advance as she is receiving enquiries and did not want to be bothered till I visit and confirm the place. So I have tranferred 24K as rental advance to her without seeing the place on assurance from her that it will be refunded if I do not like to rent the place. When I visited the place after 2 days, I see that it is not in line with what she explained on phone, so I requested her to return the money and she denied and asked to stay for 2 months and leave as she has already spent that money. Now she stopped answering phone calls and messages as well. How can I proceed legally on this matter?
If the lease deed is silent on the manner of hand over of the possession and refund of the security deposit then both the phenomenons shall take place simultaneously. The clause in sale deed, if any, with respect to the return of deposit and hand over of possession will take effect. Lessor has the right to carry out, prior to refunding the security deposit, an inspection of the premises to ensure that no damage has been caused to the premises due to an act of the lessee. A lessee is liable to compensate the lessor for any damage caused to the premises due to his act. This is a right which cannot be denied to the lessor. If security deposit is not returned by the lessor even after possession being returned in accordance with the mode enshrined in the lease deed then you may file a lawsuit for recovery of money
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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