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Bibek (Executive)     04 February 2012

Action against landlord unwilling to refund security deposit

Dear All,

I enteres into a lease agreement for 11 monts and after 4 months I give notice to the landlord for vacating the house due to deficiency in service and personal reason. As per the agreement tenancy could be vacated by giving 2 months prior notice. But the landlord is of the opinion that tenant can't vacate the house before 11 months, which is offcourse not tenable. Moreover he is demanding for 2 months rent without possessing the property as notice period. I had an argument with the landlord and he is not refunding my security deposit of Rs. 200,000. Can anyone please tell me what is the detailed procedure for filling suit against landlord not refunding security deposit. Or if any better legal course available for immediate solution e.g. consumer foum etc. Also will any Police complaint is required against the erring landlord.

Thanks a lot in advance..



 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     04 February 2012

What are the other conditions of the lease agreement regarding vacxating the house?

Bibek (Executive)     04 February 2012

The agreement says house could be vacated either of the parties by giving 2 months prior notice. It says "notice" and not "rent". And my understanding of "notice" is pay rent while stay for 2 months.

Ashish Chakravarty (Advocate)     04 February 2012

Bibek, send your landlord a legal demand notice and after that you can file a money recovery suit and also criminal proccedings under relevant sections however before doing all this consult a local lawyer and go through the provisions of your tenancy agreement carefully, if you have given the notice as per the stipulated covenant and also followed the time limit mentioned therein then it does appear that you might have a good case, it will mainly depend upon your agreement, if you have not breached any condition mentioned therein and you guys have not stated anything regarding rent that is to be paid to the landlord in case of early termination of tenancy then yes you may recover your money.

Triloknath l pandey Adv. (Legal Officer.)     13 February 2012

In this situation the agreement entered between you is the only way to get your SD back and if you have followed the procedure than landlord has to pay you the SD back and if at all he fails kindly go by procedure and give him a notice of stipulated time period and wait for his reply and if it comes negative file suit for recovery with future interest. Consult local lawyer for this and go ahead.

L G DASS (PROP.)     22 February 2012

Giving two months notice means to pay rent for two months while staying in the rented premises.  That does not mean that you vacate the house still you pay the rent.  Notice period is given to a party so that he may look for another option in the meantime.  In your case, the police has no role to play for the reason that this being purely a civil dispute and no criminality is attached.  Issue a legal notice to the landlord demanding the security deposit.  If he agrees to refund the same, well.  If does not, file a suit for recovery through a local advocate.

L.G. Dass, Advocate


asif aziz (lawer)     23 February 2012

sir..i am the owner of the building situated on a thika land..i wantd 2 knw wthr i cn evict my tenants on it or nt if they are dfaultrs?

Gaurav (Software Engineer)     23 September 2013

I have shifted to 1BHK flat in Bangalore in prime city apartment , ECity landlord named Mohan Rao.While giving his flat he told since he si going onsite , he will be back by minimum 1 year in Feb 2013.Now after 7 months , he told that his cousin is going to shift and I need to vacate the house.I told its okay I will do , but Since it has not comleted 11 months then he should not take painting and other charges, but he is not paying my money back. and deducting 8000Rs even the rent is 6000 Rs.Also I had been paying the maintenance of society for full house,instead of using 1 BHK only (flat is 2bhk, 1 room is locked.). Can anyone help here ?Since he is onsite, I can not talk to him much.


Thoroughly examine various terms of your contract and in particular the refund and exit clause.

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