Tenant refuses to accept return of Security Deposit
Querist :
Anonymous
(Querist) 12 May 2011
This query is : Resolved
Mr.Parag entered into leave and license agreeement with Gopal on 10.3.10 for 12 months for staying in a flat in mumbai at monthly rental of Rs.3500/= and security deposit of Rs.25000/=. One of the terms of the said agreement is one month notice to be given before vacating if vacated within 6 months besides paying brokerage and registration charges incurred by Licensor. On 9.3.11 he requested orally for renewal of next 11 months on increased rent of Rs.3850/= but other conditions remained same as per last agreement. There is no agreement to the renewal after 10.3.11 due to busy schedule of Licensor. In good faith it was agreed and tenant paid also 2 months rent on 7.4.11. Suddenly on 3.5.11 he gave oral notice to vacate the flat on 10.5.11 and on 10.5.11 vacated the flat and demanded full refund of security deposit of Rs.25000/=. Landlord Gopal issued a cheque to Parag for Rs.21150/= towards refund of security deposit by deducting one month rent of Rs.3850/= Parag refused to take the cheque and demanding orally Rs.25000/=. What arethe rights and remedies in this case available to Land lord and Parag
Querist :
Anonymous
(Querist) 12 May 2011
Land lord can send the cheque by registered post to the Lst Known tenant address and wait for the outcome. Let us know the actionable points of Tenant and then only Licensor land lord to initiate steps to defend his contention
Guest
(Expert) 12 May 2011
Sir,
kindly note that
1.The leave and licence agreement period of 11 months complete.then two months rent at revised rent paid.no written agreement with the owner of property.
2 The tenent vacated and demanded the refund of deposit of Rs.25,000/-owner ready to give cheque of 21150/-after deducting one month rent of Rs.3850/- tenent refused to accept.
3.As there is no legal agreement between landlord and tenent, hence it will be difficult to prove and claim notice period rent of one month from the tenent.and in case the dispute is refered to the court then as no registered agreement with the tenent ,the landlord may face difficulties and court matter may cost considerably more than one month rent.hence it is advisible to compromise the matter by the landlord and tenent by sharing 50% of rent amount each or any other settlement if possible.in case it is not possible let court decide the matter.
Kindly send copies of last agreementa for any further help.good luck.+
