Landlord not returning Security deposit Landlord not returning Security deposit

3 years ago

Dear Sir/Maam,

Landlord has denied to return my security deposit on claims of:
1. Damages
2. Me not returning keys
3. Me not serving notice one month prior to vacating flat
4. Me not letting her enter the premises when asked

Now,
1. The agreement of 11 months was made in 2018 and expired in 2019. I had requested her to renew it, but it was not made from her end. According to initial agreement I had 20K deposited as Security deposit. On word of mouth I increased rent by 10% and was living in premises till Dec 2020.

2. I have not made any damages to flat. The damp and few other damages that were there were there before I entered. Landlord never visited flat before and it was finalized by broker. I have no proof that I have not damaged flat neither has she that I caused damages. She is getting the whole apartment colored and deducting money from me.

3. I repeatedly asked her to return security deposit which she didn't, hence I told her I will return keys once she deposits the money. Key is with me presently. She had informed me to keep the keys and that she will change the lock deducting money from Security deposit.

4. She asked to raise rent in December which I denied to which she said she has found new tenant from January. Hence on 15th Dec I intimated her that I will leave flat. Please note she served me notice that new tenant was ready (as per old agreement both parties should serve a legal notice prior to 1 month)

5. During COVID I was in my hometown when she requested to visit flat hence I had to request her to visit once I returned to city. This she is citing as me denying her to enter her property.

As per agreement made in 2018 I have still not received my Security deposit. And on false claims of damages she is not returning money. SHOULD I LODGE A FIR?

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,

You may file an FIR at a police station or may approach a lawyer if you want to take the matter to the court.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,

Yes, you may definitely approach a local police station and file an FIR and or seek guidance from a lawyer press legal charges against the landlord. If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 3 years ago

A.It is general habit of landlords to falsely claim damages in order to grab the security amount. You must have to be tactful and should return the keys and claim your security. If security is not paid then you can claim the same through court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconExtra amount for completion of project
Dear Client, Please consult an accountant for the how to include new additional income and if the can be given the rights of a builder. additionally with the consent of the new person they can be a...
question iconRENTAL AGREEMENT
Dear Sir, Unless it is registered lease the locking period is not valid. You may give two months notice and get back your security deposit.
question iconOne Flat owner not accepting to pay water charges
Dear sir If maintenance is not paid then you have to get issue a legal notice and file a suit for recovery of such arrears of maintenance.
question iconAccess and usage of road near my house
Dear Client, When the second road approaching your house is not mentioned in the land record or registry, it is legally impermissible to use that road. From the query, it is not clear whether these ro...
question iconCan housing Society Charge differential Maintenance from Owner for Rent Flat
Dear Sir, This is the procedure being adopted by many housing societies that they can claim additional maintenance of 5% and not 15%. It has to be resolved among yourself.