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Landlord retained the deposit amount. What should I do?
09-Oct-2023 (In Landlord/Tenant Law)
If the landlord not willing to give back money and not coming to get the keys, how can I approach legally to handover the key and get my security deposit?
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 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 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.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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