landlord not returning security deposit

354 votes

Does your lease agreement states that if you stay for short period landlord will deduct the Secuirty Deposit? Was there a lock in period? 

If there is no lock in period then you can send a legal notice to the tenant thereby demanding your security deposit and thereafter file a suit for recovery.

LawRato LawRato

835 votes

Does your lease agreement states that if you stay for short period landlord will deduct the Secuirty Depost? Was there a lock in period?
If there is no lock in period then you can send a legal notice to the tenant thereby demanding your security deposit and thereafter file a suit for recovery.

Advocate Sudershani Ray LawRato

816 votes

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.

Advocate Sahej Uban LawRato

508 votes

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 Bonny Mehra LawRato

583 votes

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

Advocate Alok Rattan LawRato

793 votes

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.

Advocate Anuj Dewan LawRato

547 votes

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.

Advocate Anubhav Kathuria LawRato

588 votes

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.

Advocate Sanchit Goyal LawRato

880 votes

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.

Advocate Tushar Kumar LawRato

894 votes

I have perused the contents of your query and would advise you to issue a strongly worded legal notice to the concerned landlord through a lawyer seeking refund of security deposited by you. hhhhjjjn

Advocate Anubhav Kathuria LawRato

754 votes

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.

Advocate Abhishek Dhingra LawRato