Returning security deposit by landlord
John
(Querist) 30 May 2013
This query is : Resolved
Respected Sir,
I am vacating my rented house on 2nd June and i have already provided a verbal notice to my Landlord a month ago.
I have been following up with my landlord on the security deposit of Rs.50,000 , but he seems to be either evading or dilly dailiing by sometimes telling me that he would provide cheque and sometimes he says he would provide cash only after i handover the keys on June 2nd 2013.The queries i have are as below
1) Can i accept cheque on the last day after handing over the keys. What would happen if the cheque gets bounced. Can i go to the court against him.
2) Cash on last day should be fine according to me. But can someone point out the legalities if i accept the security deposit by Cash.
3) What is legally correct way to accept the sceurity deposit.
Thanks
John
Anirudh
(Expert) 30 May 2013
Ideally, when you knew that you have to vacate by 2.6.2013, you should not have given the rent and ought to have got the security adjusted against the rent.
It is not clear whether you have any documentary proof to say that you paid the security amount. Further, the landlord will definitely account some damages etc., in the rented premises and would try to adjust the same against the security deposit lying with him.
If he gives a cheque whether current dated or post dated, better take it and try your luck. In case it gets bounced, then you have to take immediate action u/s 138 Negotiable Instruments Act as also file a summary suit for recovery of money under ORder 37 CPC.
John
(Querist) 30 May 2013
Thanks a lot Sir.
Yes the documentary proof is available with me as it mentioned in the leave and licence agreement that i have paid a security deposit vide cheque no. xxxxxxx drawn on bank XXXX Bank.
As i will be moving out of Delhi , would it be possible to file the case from Bangalore ( u/s 138 Negotiable Instruments Act as also file a summary suit for recovery of money under ORder 37 CPC. ). The L&L agreemnet is registered in Delhi.
Thanks
John
Anirudh
(Expert) 30 May 2013
Better write a nice letter thanking him for letting the premises to you and for being so nice a landlord! Also in the letter do not forget to state that "I am handing over the peaceful vacant possession of the premises in tact, which please acknowledge. (This is to preempt him from later on claiming that you gave the premises back with lot of damages, broken items etc.)
I also hereby acknowledge the receipt of the Cheque No....... dated ...... for Rs. 50000/- given by you towards return of the security deposit lying with you."
Prepare the letter in duplicate. Hand over one copy to him. Take his signature in the other copy and keep it with you. That will achieve two purposes: (i) that you handed over the premises in tact and (ii) that he gave the cheque towards return of the security.
Regarding filing the case at B'lore etc., think of it when the occasion arises. Not now.
John
(Querist) 30 May 2013
Thanks a Lot Sir.
Will act as per your advice.
