Landlord not wiling to return security deposit, What action possible?


What legal steps can I take against my landlord who is not willing to give the security deposit back if I am not willing to shift to his house? I took a flat on rent and was about to shift but due to unforeseen reasons I had to change the plan. I had paid the rent for a month in advance. There was no written agreement.

 

Now that I demand my advance back, the landlord has deducted almost half the amount and is giving me the rest back. He said that half of the amount was used for renovation purposes.

 

What can I now do?

 

Answer

 

Firstly, send him a legal notice demanding payment of security deposit back within 15 days. And if the payment is not made within 15 days, then you can file a recovery suit for recovery of the amount of the entire security deposit. However, you shall have to adducing evidence to show the existence of the debt. 

 

As you do not have a written agreement to prove that you had paid the security deposit, try and adduce circumstantial evidence to show that you had paid the security deposit. You can prove the fact that security was given by Oral evidence as well. 

 

You can also register a criminal complaint against him in the nearest Police Station for the offence of cheating under Section 420 and for criminal breach of trust under Section 406 of the Indian Penal Code.

 


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