landlord not returning security deposit

Question

landlord not returning security deposit

10-May-2023 (In Landlord/Tenant Law)

Its been a couple of months that I have taken a flat for rent, the rent amount being INR 11000 and the advance amount being INR 45000.Due to some unforeseen events, I am going back to my hometown. As per the rent agreement, either party has to notify 2 months in advance before vacating the flat.I already informed the landlord that I would be vacating the flat in the 1st week of June, thereby serving a month's notice period. another tenant came and said that he is willing to move in June.However the landlord is stating that since I have stayed for such a short period, he will deduct my security

Answers (10)

Answer #1

Adv. Siddhant Sharma

Delhi | 200+ Answers

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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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Adv. Sudershani Ray

Delhi | 200+ Answers
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Advocate Sahej Uban LawRato · Accepted Answer · 2018-09-04T15:50:40+05:30

Answer #3

Hi, I would like to know, if there was any lock up clause. Secondly, what is the notice period set by you and the landlord. You should show me your agreement, so we can proceed legally. You may sent a termination letter as well as legal notice to get your remaining security cheques. For more information, feel free to have a word with me.

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Adv. Sahej Uban

Delhi | 500+ Answers

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Advocate Bonny Mehra LawRato · Accepted Answer · 2018-09-04T18:49:53+05:30

It would have been better had you mentioned the provision pertaining to eviction forming part of lease agreement in your query. Whatever I have gathered from your query is that since you have been not been able to pay rent to your landlord hence he is threatening to encash the security cheques. It would be appropriate if you forthwith vacate the premises after enjoying it (for whatever period you have paid rent) and simultaneously instructing your bank not to encash the cheques that have been handed over by you to landlord. Even afterwards if landlord attempts to encash the same you won't be held liable for dishonour of cheque since there exists no legally enforceable debt as on date of drawing of cheque ( since the concerned amount is security and not any arrear)as held by Supreme Court in 2014 in case of Indus Airways versus Magnum Aviation.

Advocate Alok Rattan LawRato · Accepted Answer · 2018-09-09T17:26:59+05:30

Answer #5

U have to fix meeting with me along with relevant documents, send him legal notice before he file a case against u. Always remember delay defeat the justice, u have to file complaint against him in concern police station or we will see what best remedy is available for u

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Adv. Alok Rattan

Delhi | 100+ Answers
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Advocate Anuj Dewan LawRato · Accepted Answer · 2018-09-22T03:20:41+05:30

Answer #6

Well to begin with, kindly share with me your rent agreement of 8 months. Thereafter, you need to issue him a notice terminating the rent agreement as per the provisions of rent agreement. Once the notice is issued, the landlord can deposit cheques only for the months of your stay and not the cheques that would become due later. Further, he's liable to refund your full security amount with deductions, if any.

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Adv. Anuj Dewan

Delhi | 25+ Answers
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Advocate Anubhav Kathuria LawRato · Accepted Answer · 2018-09-27T11:36:53+05:30

Answer #7

So far as your security amount is concerned we have to examine the rent agreement to see if there is any lock-in period which you have to comply. You may consult us with the copy of the rent agreement to enable us to draft a legal notice for return of security amount and return of PDC cheques.

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Adv. Anubhav Kathuria

Delhi | 500+ Answers
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Advocate Sanchit Goyal LawRato · Accepted Answer · 2019-11-13T08:23:00+05:30

Answer #8

sir you have a right over that security deposit and it is not your obligation to get that property painted or get your security deducted for getting the property painted. I will need to see your Lease Agreement in order to ascertain best course of action. I request you to kindly provide me that so that we can move ahead. According to me sending a legal notice would work. Contact me with copy of your lease deed.

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Adv. Sanchit Goyal

Delhi | 25+ Answers
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Advocate Tushar Kumar LawRato · Accepted Answer · 2019-11-13T12:32:46+05:30

Answer #9

In the present circumstances it is advisable that both criminal and civil remedies be availed against your landlord as both of them may run concurrently. Further and better particulars are needed for an effective opinion.

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Adv. Tushar Kumar

Delhi | 200+ Answers
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Advocate Abhishek Dhingra LawRato · Accepted Answer · 2022-01-27T18:21:40+05:30

Answer #10

Hi You can send him a Legal Notice for recovery of your security deposit amount forfeited by him without any proper ground and this is not a big case so basically sending him a legal notice will be enough from your part and there are more chances that he will refund your security deposit amount.

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Adv. Abhishek Dhingra

Gurgaon / Gurugram | 25+ Answers
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