Notice Period & Security Deposit Refund
6 months ago
I was staying at a PG in Gurgaon. I checked-in on July 2nd. I paid one month's rent as the security deposit along with the monthly rent. At the time of check-in, I was told about one month's notice period. Now in September, I wanted to vacate. On September 7th, I told my tenant about this and asked if my security deposit could be adjusted as September's rent. They told me that my 1 month notice period starts now and I will have to pay September's rent. My security deposit will be refunded later after I vacate. I vacated on September 25th. Handed back the keys and cleared the room. I asked them to refund my security deposit. They said it will take 10-15 days. After 10 days, I had to chase them continuously. They didn't pick up calls or reply to messages. Today, on October 12th, they sent a message stating my refund amount to be less than what I deposited. They charged me 7 days of October's rent. Along with it, charged excessively for the very minor damages.
Few points here:
1. There is no legal agreement signed. Everything was done and communicated on WhatsApp. They used a digital app for payment and record keeping.
2. They might have very well rented out to another tenant as soon as I left (Not sure about this, but when I told them this on call, they didn't deny it). But they are charging me till 7th October. If I am being charged till 7th, I have the right to it till 7th. They cannot rent it to another tenant before.
3. I wasn't told at the time of vacating when I handed back the keys, that I would be charged till 7th October. In my opinion, I paid September's rent as 1 month's notice.
In the absence of any written agreement between the tenant and landlord, unfortunately, you have no legal remedy to resolve your grievance against the landlord.
In the absence of any written agreement between the tenant and landlord, unfortunately, you have no legal remedy to resolve your grievance against the landlord.
Review WhatsApp Conversations: Collect and review all WhatsApp conversations where the terms of your stay, notice period, and vacating were discussed. This may serve as evidence of the agreed-upon terms.
Request an Itemized Bill: Ask the PG owner for an itemized bill of the charges they are claiming. This should detail the rent, any damages, and the charges for the extended stay until October 7th. Ensure that the charges are reasonable and accurate.
Negotiate and Seek Clarification: If you believe that the charges are unfair or not in line with the agreed-upon terms, engage in communication with the PG owner. Seek clarification on why they charged you for October when you believe you provided one month's notice. Negotiate if necessary.
File a Consumer Complaint: If you cannot reach a resolution with the PG owner and you believe you are being unfairly charged, you can consider filing a complaint with the local consumer forum or consumer protection agency. Provide them with all relevant details, including the WhatsApp conversations.
Small Claims Court: If the amount in question is substantial and you are unable to resolve the issue through negotiation or a consumer complaint, you may consider taking legal action through the small claims court to recover any excessive charges.
Regards
Excess land not in record, can it be sold??
Leave & Liscence agreement
Landlord/Tenant
Landlord/tenant
No return of advance paid. Absence of agreemnt
