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remedy available if Landlord keep security deposit without any reason


11-Sep-2023 (In Landlord/Tenant Law)
I recently moved to a different city and my lease ended on 28th Aug. One of my friends who was living with me at the time decided to keep the place and asked owner for a new lease in her name to which the owner agreed. One more girl moved in at my spot to live with her and share the rent. Everything was okay and my friend also signed the lease papers and was awaiting owner's signatures. The owner seemed very understanding and everything was okay. Now this new girl started some issue with my friend and also with the society so the owner asked my friend to vacate the place within 3 or 4 days. She did so and asked him to check the place and return security. Now the owner says that he's going to charge 5K per night for the one week they stayed in sep and will not return security. My lease said that if the tennant stayed over illegally post asked to vacate with 2 months notice then such charge would be liable. But nothing my friend did was illegal. Kindly help
Answers (1)

Answer #1
820 votes
So for you have left that place and moved to another city as your lease ended on 28th August. As one of your friend who was already living with you and she continued after the discussion with the owner that some other girl moved in at your spot to live with her and share the rent and even you have signed the new lease paper with the land owner . Now you both started living there and after sometime differences occurred between you both and after the intervention of landlord you decided to vacate the place. So for your lease started from the month of September and now it is an illegal demand on behalf of the land owner for charging 5k per night as you also mentioned says that if the tenant stayed over illegally post asked to vacate with 2 months notice than such charge would be liable. So the demand by the landlord of charging 5k for 3-4 days is completely illegal and you may sue the owner in the court along with the damages caused to you.
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