Upgrad LLM

owner giving illogical reasons while giving security deposit


Dear Experts,

I would like to know few things for now and future;

I had been living in a society in Pune for 2.4 years, now because of my transfer to Noida I had to come here so in March I told the owner over whatsapp that I would be vacating the place next month. So, for April I asked him to deduct the rent from my security to which he said ok.

Due to lock down, I was stuck there in May and again asked to deduct the May's rent from security deposit to which he requested to pay the rent stating it doesn't solve the purpose of deposit. To me it was suspicious but then also I paid the rent, as already I am paying the rent but why he can't deduct from security as eventually he would be returning the money as I am vacating now. In Initial June days, I came here and next day tried to get my luggage picked but the society denied to allow any movers and packers though the govt. didn't have any rule as lockdown was lifted. I asked my owner to talk to them as an owner but he didn't though our wing is not actually a part of the society and its just have a common gate (Some issue going on with left and right wing apartments).

Now once I informed him in March to vacate, he never said that he would come and inspect the flat. Neither there is any clause in our agreement stating 1 month rent deduction and when I asked him initially he said nothing like that other than the damages. When he inspected the flat, gave so many things like paint is not upto the mark at certain places, hand marks, drilling for RO (Which he himself told me to use that place for RO). I told him for the damages like bathroom glass broken for wind, tap etc he can get it repaired and let me know the price with bills. But paint etc is normal after a living of 2.4 years to which he denied and told me that would get the estimate for putty and paint for those portions. Still, I told him to take the reasonable amount but he is not giving any clear indication nor the security money as of now.

Also, initially he didn't tell me that the wing doesn't have the rights to use the amenities though I told him that the reason of taking this flat is the amenities. Later I found the society gym was closed with no access so I had to buy my own equipments which was an extra expense. He also denied the police verification for 1st year, and said if I want then I had to pay for it. I told its upto you as its owner's duty to get it done.

I am surprised what all excuses he is giving me after getting the rent for 2.4 years when its time to return my deposit which was account transferred.

I would like to know my options of getting my money back while I am in NCR and the flat was in Pune. Please guide and tell the legal things for future. He was also having a key and at times after informing me visited the flat. I told him if you noticed such things to which you are making excuses now to deduct money then why didn't you tell me that time. What exactly is a written information to vacate the flat? Email or whatsapp is enough? I see so many issues for the same across over internet. Don't we have laws and guidelines to avoid the same?

PS: The rent agreement for second year was expired in Jan, When asked him to get it done again then he said the concern guys are not responding from where we got it for 2 consecutive years. By the time they responded or he came back to get it done in March, I told him that I am vacating next month

Regards

 
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Advocate

Please post simple facts avoiding subjective opinions.

 
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I didn't get you? Tried to post the details to get the expert opinion so that I am not missing on anything to get the situation analyzed


Total likes : 1 times

 
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The facts were a bit chaotic, all I understood is that you want your security deposit back which has been provided to landowner of your previous rented accommodation. Generally, Landlords do not charge for basic wear and tear as you mentioned.

But, things like the gym and else benefits are only applicable if they had been mentioned under the Rent Agreement.

Thanks!

 

p.s. please repost the facts again in a simplified manner with updates (if any).

 
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