what to do if landlord denying to refund security deposit

374 votes

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 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.

LawRato LawRato

696 votes

This is my response to you:
1. The owner has to give back the deposit;
2. There might be a clause stating the one month notice period;
3. You can ask the owner to terminate the rent agreement and take the rent for whole month;
4. But ask him to refund the whole deposit;
5. Whatever is stated in the rent agreement, is what you both are legally bound to obey;
6. Consult a local lawyer and take steps.

Advocate Gowaal Padavi LawRato