manish (chief medical officer) 10 August 2010

How to get security deposit back

I renteda house on 1st June, 2010 in bangalore giving Rs. 40,000 as security deposit with a monthly rent of Rs 4700/-.

Now my company is transferring me to Kolkatta. So I need to vacate the rented accomodation in October.I told this to my land lord and he says that he cant return the security deposit now. So I have sent a notice to him by speed post. I have stated in the notice to deduct the rent for August, september and october from the security deposit. Also, I have asked him to deduct 1000 rs for re-painting. And i have asked him to return the balance of Rs.25,000.

I have following queries:

1. What can I do if land lord does not accept the speed post?

2. Can I take police help to get my security back?

3. He is willing to give a PDC dated June, 2011 (next year). Shall I accept tat? What can I do if the cheque bounces?

Kindly help. Thanks in advance.

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Bobby Mani T (Lawyer) 13 August 2010

Either you can file a suit now or accept the post dated cheque and present it latter and if not honoured file a suit then. In any case you are in trouble. You can now think of subletting the building to any third party and collect a higher rent from him and pay the agreed rent to the landlord. Take an injunction from the rent control authority stating that the landlord is planning to evict you forcefully and not to evict you unless through the proceess of law.