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afreen appi05   13 June 2021

About the deposit of my advance to Room

I was staying in Rental Room i have checked out the room before for 3 months I have asked the deposit money. now the owner is not giving back the deposit advance


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 6 Replies

Sankaranarayanan (Advocate)     13 June 2021

Is any agreement with the owner..how you paid the advance it's by cheque or cash. How much you paid 

G.L.N. Prasad (Retired employee.)     14 June 2021

As the amount involved may be nominal, pursue the issue by bringing pressures on the landlord, as entering into litigation with the landlord for this small amount may involve more expenditure and time..   Contact the local PS, and SHO may unofficially help you if he is kind.

P. Venu (Advocate)     14 June 2021

If the amount is substantial, serve a legal notice. You have the option to take up the issue in the Adalat functioning in the local court.

T. Kalaiselvan, Advocate (Advocate)     15 June 2021

You have not stated the reasons by which the landlord is refusing to return the security deposit amount even after three months of vacating the premises. 

Whatever, you may issue a legal demand notice either through an advocate or by yourself demanding the return of your security deposit amount failing which you can make it clear that you may contemplate to initiate legal action agaisnt him at his costs and consequences. 

Dr J C Vashista (Advocate)     15 June 2021

You are required to disclose the amount involved since if the same is lessor it is better to forget, otherwise demand it from landlord personally/ telephonic,  followed by legal notice.

Vasundhara Singh (Student)     15 June 2021

 Hello!  

If you are renting a room, before that you have to enter into a rental agreement with the landlord. It can be a leave and license agreement that is governed under The Indian Easement Act, 1882. The agreement includes all the terms and conditions related to the lease period such as the rent amount, duration of the lease, advance to be paid, notice period, conditions of termination, etc. Both the parties must agree to all the conditions and sign the deed.  

In your case, if you have an agreement then the landlord is legally bound by it. He cannot go against the clause that talks about the return of advance money if there was any and he is liable to pay the advance money on the termination of the agreement. You can file a suit in civil court for the breach of contract and pray for specific performance of the contract where the court will order the other party to perform his part of the contract.   

Regards  

Vasundhara Singh  


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