yashovid (manager) 26 January 2013

Rented house lease issue

hi,

i had rented a flat in bangalore, in 2012, jan.

it was mentioned in the agreement that if we want to leave the flat, we have to give 2 months notice. we have left the flat in JAN 2013, when the agreement ends. but the owner is not returning the deposit (1 Lakh) Rs, that is with him. He is saying he'll cut 2 months rent (34K)+ 1 month rent as mentainece fee..

so we are just left with 51 thousand rupees out of 1 lakhs that we deposited.

is there any legal action we can take againsed him, as the agreement we signed in which its mentioned that we have to givew 2 months notice, is already expiered, and is not reviewed. even the apartment manager (property manager) was informed orally, and we have arranged new tanents also as soon as we left the flat, so the owner doent get in any loss..

plz help !

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5 Replies

Advocate Vishnu (Advocate) 27 January 2013

Pl engage a legal counsel to file a suit for specific performance against your owner . This will force him to return your security deposit as per the rental agreement.Do you have the original rental agreement in your possession..?

yashovid (manager) 27 January 2013

No i dont have a original copy of the agreement. i have a photocopy of the same. original is kept back by the owner.

but the agreement has expiered so is it still of a value?

Advocate Vishnu (Advocate) 27 January 2013

you must file a suit for specific performance or a money recovery suit.

1.How did you give him the advance money( ie: cash or cheque)

2. How did you pay your monthly rent ( ie: cash or cheque)

3. Has your owner issued any bill or receipt acknowledging the same..?

yashovid (manager) 27 January 2013

the deposit was made via cheque and rents are transferred to his account via net banking.

its been mentioned that in case we vacate the flat we have to give 2 months notice, that we didnt gave.

but we vacate the flat in jan, and the agreement was ended in december. there is no renewd agreement signed.

Advocate Vishnu (Advocate) 27 January 2013

since the agreement has expired, it does not carry any legal value. You have a strong case and you will definitely get back your security deposit , on sendig him a proper legal notice.