Notice period charges
6 months ago
My pg is cutting 5500 out of 9000 as notice period charges from my security deposit. And they are taking one month extra rent also they are also taking some separation charges of 1400 out of 9000 they are only giving me back 1300 . Main question is this notice period charge even legal what are these charges and they did not tell any of this when I started living here
A.Dear client,
In the absence of a specific stipulation in the terms of the rental agreement nothing is deductible for the notice period. So, go through the contents of the rental agreement and if shows nothing and is silent on the subject then such a deduction would be considered unreasonable and unfair. So, in the prevailing situation, after a serving a legal notice, you need to file an application in prescribed form before the Court of Rent Controller appointed under the respective State Rent Control Act or Premises Tenancy Act for any kind of dispute between the landlord and tenant including fixing of the fair rent in respect of the let-out premises to resolve your grievance.
In the absence of a specific stipulation in the terms of the rental agreement nothing is deductible for the notice period. So, go through the contents of the rental agreement and if shows nothing and is silent on the subject then such a deduction would be considered unreasonable and unfair. So, in the prevailing situation, after a serving a legal notice, you need to file an application in prescribed form before the Court of Rent Controller appointed under the respective State Rent Control Act or Premises Tenancy Act for any kind of dispute between the landlord and tenant including fixing of the fair rent in respect of the let-out premises to resolve your grievance.
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A.Dear Client,
The legal framework governing rental agreements and security deposits in India can vary by state, so it's important to consider local laws and regulations as well. In India, landlords typically collect a security deposit from tenants to cover any damages or unpaid rent. The amount of the security deposit should be mentioned in your rental agreement. Generally, the landlord can deduct from the security deposit only for actual damages or unpaid rent. Deductions should be reasonable and well-documented. If your landlord is deducting a substantial amount from your security deposit without proper justification, you may have grounds to dispute it.
Some rental agreements may specify a notice period during which you need to inform the landlord before vacating the property. If you didn't receive information about notice period charges when you started living there, it might be worth reviewing your rental agreement to see if such charges were mentioned. If it's not in the agreement, you may question the legality of these charges.
Separation charges are not common in standard rental agreements. If these charges were not mentioned in your rental agreement and you were not informed about them when you moved in, you may dispute their validity.
If you believe the deductions are unjustified or if the charges were not part of your rental agreement, consider seeking legal representation.
The legal framework governing rental agreements and security deposits in India can vary by state, so it's important to consider local laws and regulations as well. In India, landlords typically collect a security deposit from tenants to cover any damages or unpaid rent. The amount of the security deposit should be mentioned in your rental agreement. Generally, the landlord can deduct from the security deposit only for actual damages or unpaid rent. Deductions should be reasonable and well-documented. If your landlord is deducting a substantial amount from your security deposit without proper justification, you may have grounds to dispute it.
Some rental agreements may specify a notice period during which you need to inform the landlord before vacating the property. If you didn't receive information about notice period charges when you started living there, it might be worth reviewing your rental agreement to see if such charges were mentioned. If it's not in the agreement, you may question the legality of these charges.
Separation charges are not common in standard rental agreements. If these charges were not mentioned in your rental agreement and you were not informed about them when you moved in, you may dispute their validity.
If you believe the deductions are unjustified or if the charges were not part of your rental agreement, consider seeking legal representation.
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