suryadhakray 20 April 2015

Flat owner not ready to give my security deposit

Hi,

I stay on rent at goregaon in Mumbai with my family and i pay my rent in advance that is 20K in cash. Now we are facing financial issues so we have decided to go to other place with low rent. Now we found one and we asked our owner that if he can pay us our security deposit 3-4 days before so we can pay that amount to new owner. So my owner is saying that no i will only give you 45K on the day when you vacate the house and rest 20K i will give after 9-10 days. I want to know do they have any rights to keep this huge amount. We understand they have to check if Electricity bills are cleared or not, if any of his thing damaged or not. And we are even ready to do that but he is not giving us the 45k 2-3 days before so we can pay somewere else. We have told him that anyhow you are keeping 20K so atleast give us 45k early so we can use that money. But he is not doing so. Even brokers are not helping out.

Also we went to police station and they told we can not do anything and you go to registrar office where you have registered your agreement. When we went there registrar told we are not authorized to do anything.

They asked us to send a notice to society office and one copy to police station stating all your query and do not vacate the house untill he pays your security deposit. I want to know what after one month if he gets ready to pay the whole amount and if he ask us to vacate the house on the same day.

Please help me how deal with such Owners.

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4 Replies

Hardeep (Business) 21 April 2015

If the landlord is going per the terms of agreement you both have signed to he is within his rights. Your claim, if any, starts only when he deviates and then it will be via the Courts and the procedure it entails.

it may be better for you to arrange temporary funds from others to handle your situation. Then at least you will be on the right side of the law

suryadhakray 21 April 2015

But it is not mentioned the agreement that he will keep the 20K for electricity or when we vacat the house then only he will give the amount. Even if we want to move on the same day he not ready to give the whole amount. Also they are saying that if you leave the house within 6 months then we will deduct one months rent as you are leaving the house within locking period of 6 months. This clause is also not mentioned in the agreement. I understand that he will keep 20k that but he should give me 45k before vacating the house. Which e is not agreeing to do that.

Hardeep (Business) 22 April 2015

If anything is not agreed upon, you are not bound by it.

to recover your amounts - anticipating that he will deduct/ not pay up - you may proceed legally if you wish. Take advise of a local, competent and committed lawyer if you want to travel up that road.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 01 May 2015

You have already given another post on the same subject. You can do nothing. You may take a bridge loan, shift from the present house to the new house and claim back your security deposit from the flat-owner. Alternatively you stop paying rent for your present accommodation. You deposit that money in your bank account.. When sufficient amount has accumulated you pay the amounts for your new accommodation. Then you vacate your present accommodation. Ask the landlord to adjust your rent arrears against your deposit and pay you the balance, if any. If the rent arrears exceed the security deposit you pay to the landlord the difference. If the whole process results in your having to pay additional amount to your old landlord as interest, penalty or any other, you treat it as an inevitable cost. Anyway what I say is the cheapest. In legal issues between parties the status quo situation favors one of the parties. It is called balance of convenience. Sometimes courts, based on the merits, give injunctions to shift this balance. Sometimes the affected party can do things to achieve the same. In your case, as of now, the balance of convenience favors your present landlord. If you do things, as suggested by me, it will shift in your favor. Good luck.