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Legal remedy for recovery security deposit from land lord
02-Feb-2023 (In Landlord/Tenant Law)
We are vacating the apartment in Feb end we have been living since 3 years. Now the owner is being reluctant in returning the security deposit. We are not sure how much will he return, but he is asking for certain things to be fixed which were there even initially (and agreed upon verbally). My questions are: 1. As I doubt that owner has good intentions (which were also demonstrated in the past), what can we as tenants do in case owner deducts an unreasonable amount? 2. Do we need to pay the last month rent or can that be adjusted against the security deposit legally.
1. You must refer carefully to the tenancy agreement.
As the tenancy agreement should contain a clause highlighting the amount of the security deposit that can be deducted if you want to terminate the agreement before completing the term of the agreement. The balance security deposit amount must be returned.
Additionally, there must be a clause highlighting the obligations of the tenant, specifically if there are certain things they must do when returning possession of the property. If the request of the owner is not a part of these obligations, you are not required to fulfill such a desire.
In the event that the owner deducts an excessive amount, you would have to file a suit for recovery.
2. Rent can be deducted from the security deposit, if the tenant does not pay the same. However, it is recommended that the tenant should avoid this situation. As it can be adversely interpreted if the matter goes before a court.
As the tenancy agreement should contain a clause highlighting the amount of the security deposit that can be deducted if you want to terminate the agreement before completing the term of the agreement. The balance security deposit amount must be returned.
Additionally, there must be a clause highlighting the obligations of the tenant, specifically if there are certain things they must do when returning possession of the property. If the request of the owner is not a part of these obligations, you are not required to fulfill such a desire.
In the event that the owner deducts an excessive amount, you would have to file a suit for recovery.
2. Rent can be deducted from the security deposit, if the tenant does not pay the same. However, it is recommended that the tenant should avoid this situation. As it can be adversely interpreted if the matter goes before a court.
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Adv. Akshay Ubale
Mumbai | 100+ Answers
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