Owner is harassing with security deposit
05-Nov-2024 (In Recovery Law)
Owner is a resident in Dubai and leased the flat to us with an additional clause that we return the house to him in same condition as he gave us the flat. Last month when we vacated, he came early to collect the keys and didn't give us enough time to clean the house. He didn't give the security deposit of 60k immediately. A few days later he gave us a laundry list of items stating he will have to spend lakhs to get the house fixed. A month after vacating, he only agrees to pay12k
In this situation, the owner’s decision to withhold the security deposit and only return a fraction appears to be based on claims of excessive repair costs, but you have the right to challenge any unreasonable deductions. Since he gave you limited time to clean and inspect the property, you could argue that he prevented you from fulfilling the clause of returning it in the same condition.
To strengthen your position, consider reviewing the lease agreement carefully, especially any terms about wear and tear or property condition upon vacating. If possible, gather any evidence of the property’s condition at the time of handover, such as photos or witness statements. This can counter any exaggerated claims the owner might make about the property’s state.
Since he’s abroad, initiating a formal communication is crucial. You can send a legal notice through an advocate demanding the return of the full security deposit, citing the lack of sufficient notice for cleaning and repair. The notice could outline that the amount withheld is unreasonable and request an itemized explanation of each deduction. If he does not respond fairly, filing a case in a consumer forum or small claims court could be effective, as they handle landlord-tenant disputes regarding security deposits.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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