Landlord deducted huge amount from security deposit
Amol
(Querist) 04 March 2013
This query is : Resolved
Hi,
I'm from bangalore.
My rental aggreement was valid till 31st Jan 13.
I shifted to new house on 15th Jan & informed my landlord to inspect house.
But she didn't inspected house till 10th of feb and deducted 30,000Rs from deposit saying i damaged her property.
I have not damaged anything of her property and even after my many requests, she didn't inspected house in Jan. I have vacated property so is there any legal way to get my remaining deposit money back?
My agreement states
Rent:- 6000Rs/Month
Maintenance:- 3500Rs/Month
Deposit:- 90,000Rs
While vacating painting charges by tenant.
if Damage to property then repairing will be done by tenant.
But there was no damage & if it was there then she was not informed me about it before handing over premises.
I want guidance & a lawyer who can help me within budget.
ajay sethi
(Expert) 04 March 2013
she must have deducted rs 30,000 for painting charges . if there is such a clause in agreement then you have to pay painting charges. necessary to go through clauses in agreement signed by you
prabhakar singh
(Expert) 04 March 2013
You need a lawyer from your city to handle the problem?
Do you have the receipt of deposit and proof of deduction or it was all cash story?
Amol
(Querist) 04 March 2013
Deposit was given through online NEFT transfer. I have bank records for the same.
Amol
(Querist) 04 March 2013
Lawyer can be from any city.
Just he should be able to solve my problem
Amol
(Querist) 04 March 2013
dear ajay,
So i have to pay 30,000Rs for painting? Last time it was done in 5500Rs.
Kiran Kumar
(Expert) 05 March 2013
Well this deduction seems to be unjustified if there were no damages done.
but the questions will be, Whether you will able to find proper time for the litigation and Whether you will have sufficient evidence to support your claim?
Try to find out some out of court solution.
ajay sethi
(Expert) 05 March 2013
you can send her legal notice protesting about deduction of rs 30,000 . ask her for detailed particualrs on what basis it was done . if you had taken flat through a borker involve him too . the landlord won be able to give flat again on leave and license if her reputation as whimsical landlord gets around . no broker will suggest her licensees
Kiran Kumar
(Expert) 05 March 2013
rightly advised by Mr. Sethi
litigation may not invite desired results for you, but via media other modes you may settle your matter :)
Amol
(Querist) 05 March 2013
how can i prove that i have not damaged property?
Which documents can be shown in court?
Out of court settlement is not possible because i inquired with other tenants. Landlord is lady & she don't takes call and not even meets when visited her office or home. So i think if i sends her legal notice through any lawyer then she will be ready to talk & settlement
ajay sethi
(Expert) 05 March 2013
photographs taken at time of vacating premises woud be evidence of no damage caused to property . simlarly at time of giving posession whether she has mentioned any thing in writing about damages caused . contact a local lawyer for issue of notice
Vijyant Nigam (09807349001)
(Expert) 06 March 2013
first a Legal Notice is must and then file Recovery Suit. u must have sufficient proofs.
