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.
My Leave and Licence agreemnet is a registered document.
Thanks
John
Khaleel Ahmed Mohammed
(Expert) 30 May 2013
Try to get cash, if not accept the cheque.If it will bounce , you have to approach the court.
Raj Kumar Makkad
(Expert) 30 May 2013
You can even receive cheque but better to get this is writing with latest address of that person so that he may be got traced out if need arises in future. The penalty clause should also be got inserted in that undertaking of that person.
John
(Querist) 31 May 2013
Thanks Khaleel Sir and Raj Sir.
Kishor Mehta
(Expert) 31 May 2013
Sir,
A better alternative will be a Banker's Cheque or Demand draft. This has no chances of bouncing and at the same time both the parties have necessary proof of payment and receipt.
Good Luck,
Kishor Mehta
Raj Kumar Makkad
(Expert) 31 May 2013
Banker's cheque means DD which requires immediate money which seller is lacking at the time of registration of sale-deed so the suggestion of Mehta is not practical in the given facts.
