Dipu (Software Engineer) 07 November 2011

Need urgent help - landlord not ready to give security depos

I am currently staying in a rented room in Bangalore and my 11 months agreement is going to end on the end of November,2011.I had to give a security deposit of Rs.50000 before moving in and I got the rental agreement.

My Rent per month is Rs6000.I gave prior notice to my landlord before one and half months and it is mentioned in the agreement that tenant should give 1 month prior notice. Now he is telling if I leave he will not be able to give me my security deposit in cash. He will give me post dated check. I told him I cannot take check I want cash as I have given him cash at the begining.Moreever I need cash as my wife is going to get hospitalized in December and mentioned to him my critical need for cash.

But he is reluctant to give. Now he is asking me to continue up to to the month of January and he will give me my deposit in cash at the end of January but the rent will be Rs 8000 from Rs.6000 though he has mentioned 5% increment in rental agreement. I told him that Rs8000 will be out of my financial capacity so I will vacate and you give me back my cash. But he is not ready to return in cash .Moreover he told me he will be deducting Rs.8000 as painting charges out my deposit which I think is too much.

Please advise If I can take any legal action against this.

Thanks...

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3 Replies

Sanjeev (Lawyer) 07 November 2011

Legal action would cost you more so sort it out amicably.

1 Like

sridhar pasumarthy (ADVOCATE) 07 November 2011

Dear Dipu,

Was it mentioned about the payment of advance and about its repayment by the landlord at the time of vacating the premies?

If it is so, you can recover the deposit/advance from him through a process of law. But, it takes some time. But as you situation does not permit so long, you take cheque from the landlord along with a covering letter stating the purpose of issuing the cheque. If the cheque is not honoured, you can initiate a criminal prosecution u/s 138 of the Negotiable Instruments Act and simultaeneously, you can file a suit for recovery of said amount. so, you will have two parallel remedies.

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Dipu (Software Engineer) 07 November 2011

Thank you very much sir for the reply.

The security deposit of Rs 50000 which he has received from me is mentioned clearly at the top in the rental agreement and also I have collected rent receipts of payment of rent every month upto to the month of september and october's rent I have not paid yet.