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Provisions to take actions against the landlord not returning security
24-Aug-2023 (In Landlord/Tenant Law)
Hello i was living in a rented flat one month ago and shifted to new now, I had a rent agreement with the landlord in which I have deposited 26000 as security. In the agreement it is written that "the said security amount will be refunded to the second party at the time of the handling over the vacant procession after deduction all rental arrears, damages, charges, conciquences etc", but landlord didn't give us the refund at the time we left that place, he told us that he will take two three days for full check of property, which is not written in agreement. Now he has billed us lots of charges ac gas refill, cleaning, white wash, curtain dry cleaning, ro candles change etc and he has denied to give any thing, Infact he is asking us for more money. What should i do in this condition, everything was working when we left that place.
If it is nowhere mentioned in the agreement whatever he is charging from you. Then you can send him legal notice through advocate for recovery of your security deposit. If landlords fails to comply with the notice then you can you knock the door of court of law.
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Adv. Laksheyender Kumar
Delhi | 100+ Answers
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It was landlord's duty to satisfy the visible defective things at the time of leaving house anyways white wash and all are generally to be done by landlord only. He claim seems to be baseless but if there is any bill which has not been paid by you but used by you the landlord is entitled to get the same. Now let is come to security thing first of all you should have taken it then an there before leaving house or atleast taken a note that everything is in line and security refund will be given within 10 days etc. What will you do if he says he has paid you security amount in cash. Remedy- you can file a suit for recovery of that amount as it is still due according to you. In case he filed a case for recovery then you will have to defend it. I would suggest you to talk to the landlord before taking any legal action because amount is less you will end up spending lot more than what your claim it. N yes in case he files a case again you for recovery then you a file your counter claim in same suit. No need to file separate case then. Try to mediate first. Best
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Adv. Amresh Anand
Delhi | 25+ Answers
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It actually depends upon the prevailing situation and facts. Whether any bill/bills are left unpaid by you? The charges/bills which he is asking you to pay were mentioned in the agreement. If you feel that in order to avoid payment of security amount, landlord is harassing you, you can take criminal recourse or else, you can call me for further advise.
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Adv. Akhil Sharma
Delhi | 25+ Answers
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dear
you can go for a recovery but there is one mistake that you have done while leaving you could have taken a handing over of possession of the premises any way you still issue a legal notice and asking for refund of the amount.
the billing by a landlord can be challenged
you can go for a recovery but there is one mistake that you have done while leaving you could have taken a handing over of possession of the premises any way you still issue a legal notice and asking for refund of the amount.
the billing by a landlord can be challenged
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Adv. Devinder Chowdhury
Delhi | 25+ Answers
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you are at liberty to send him a legal notice and share your concern and greviences through a proper channel. if he still refuses to entertain your requests, you are at liberty to file a case for recovery
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Adv. Gurmeet Singh
Dehradun | 100+ Answers
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