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Aawhaan Mahapatra   24 August 2023

Non payment of security deposit

Parry A is  the  Tenant  and  Party  B is the Flat Owner.

Party A  and  Party B  entered into a Leave and License  agreement in 2017 for  a  period  of  2  years. The  lease  expired  in December  2018.  After  that, while both parties  expressed  their  interest  in renewing the agreement, a new  agrwement  could  not be  signed.  But  Party  A  has been paying  monthly  rents regularly  and  has paid the  rent till  August 2023    and Party B has  accepted  these rents

All monthly  rents  have  been paid  by Party A to  Party B  through  Bank Transfer.

Party  A  emailed  Party B of their  ( Party A's) intention  to vacate  the Flat on 31 August  2023  and  requested  rent  receipts and  the  refundable  security deposit. 

Party B is  not  responding.

We  need to  file a suit  urgently  to  get  rent  receipts  and  recover the refundable  security  deposit


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     25 August 2023

You do not have to be worried about the rental receipts because the monthly rental amount had been transferred to the landlord through bank transaction, hence the bank statement will prove the regular monthly rental payment.

However for refund of deposit of amount, if the landlord is not returning then first issue a legal demand notice and then file a suit for recovery of the said amount.

Aawhaan Mahapatra   25 August 2023

Thank you, Sir!
Are  you based in Pune? Would you be able  to  help us file this recovery suit?
If you are not in Pune,could you please suggest a lawyer  in Pune, who can file the suit  for us
Thank you!

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