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Ruchita Tated   23 January 2022

Landlord not returning deposit

Hi,

I have send a one months written notice on 6th of Jan to landlord as per agreement now landlord is saying he will not return my deposit because i didn't give him notice on 1st date of month

 

i want my deposit back what recourse do I have?

 



 9 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 January 2022

It all depends on the written or oral agreement between you and the land-lord. If as per the agreement one calendar month's notice is required, your lanlord is right. If only one month's notice is required, you have to pay rent upto 6th February. Upto what date have you paid rent? What is the rent and how much is the deposit?

Ruchita Tated   23 January 2022

I have already paid January months rent and deposit is 18k .. so till 6th feb's rent and electricity he may deduct and return back remaining amt?

Adv. Mohit Chahal (Advocate)     23 January 2022

As you notice period is of one month so as a rule of general prudence it is not necessarily to be started on 1st date of the month. Therefore you need to pay rent till 6th February and thereafter your deposit would be returned. Rest depends on your written rent agreement, if any.

Regards

Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

Dr J C Vashista (Lawyer)     24 January 2022

What are terms and conditions of rent agreement qua refund / adjustment of security deposit ?

Would it be prudent to move to court for recovery of Rs. 18,000/- ?

Ruchita Tated   24 January 2022

1. As per agreement landlord is allowed to keep extra 4K (including electricity)and return back 14 k he may keep extra 2k and return 12k back which is fair amt.

2. Why should I leave my 12k ? Just because it's small amt?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 January 2022

Anyway you are going to vacate the house and not going to stay put just because he is not returning the deposit. Accoding to you he is willing to return 12k and retain 2k. Prudence demands that you quietly accept 12k and fight for the 2k if necessary. Whether for the 12k or 2k, you can go to consumer court, which will be cheaper. You can fight yourself even without engaging a lawyer, if you have the time and willingness. Alternatively you can engage a junior young lawyer who will be willing to fight for you for a small amount. I have advised others like this (I am neither a lawyer  nor an advocate).and they have succeeded.

Ruchita Tated   24 January 2022

No, He is returning me just 6k out of 14k 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 January 2022

You go to consumer court. It is cheap, simple and easy. If you feel that you are competent, you can argue your case yourself. Get the address of the District Consumer Forum having jurisdiction. They will advise  you the procedure. If you go to their website through Google you can get the necessary forms, formats, the Consumer Protection Act and the relevant Rules. I have succeeded several times.

P. Venu (Advocate)     26 January 2022

You have the option as well to take the issue with the Adalat functioning in the local Court - Taluk or District Legal Service Authority. It involves no expense at all. And you do not need the service of a lawyer as well.

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