Returning of Security Deposit by deducting damages amount
2 months ago
My Tennant has vacated the flat and I have registered new leave and license agreement....After mutually agreeing upon the deduction I paid him the security deposit still he's asking for more....I want to ask whether the issuing of new agreement means the old agreement is null and void for same property during same time period? Coz he's threatening me for legal action despite paying him the amount mutually agreed upon please guide for the same....The amount I deducted is ₹5000....
A.Dear Client,
Unless explicitly stated in the Rent Agreement, the landlord cannot unilaterally deduct or adjust any amount from the security deposit, even if the tenant agrees under compulsion or pressure. The security deposit, which is refundable upon the cessation of tenancy and surrender of vacant possession, should not be subject to such deductions without proper authorization in the agreement.
In case of a dispute between the tenant and landlord, resolution falls under the purview of the state-specific Rent Control Act. Typically, a Rent Controller or Additional Rent Controller is appointed to handle disputes arising from rental agreements. In the current situation, you have the option to file an application detailing your grievance against the tenant before the relevant Rent Controller. This process provides a platform for an amicable resolution of the issue between the landlord and tenant.
Unless explicitly stated in the Rent Agreement, the landlord cannot unilaterally deduct or adjust any amount from the security deposit, even if the tenant agrees under compulsion or pressure. The security deposit, which is refundable upon the cessation of tenancy and surrender of vacant possession, should not be subject to such deductions without proper authorization in the agreement.
In case of a dispute between the tenant and landlord, resolution falls under the purview of the state-specific Rent Control Act. Typically, a Rent Controller or Additional Rent Controller is appointed to handle disputes arising from rental agreements. In the current situation, you have the option to file an application detailing your grievance against the tenant before the relevant Rent Controller. This process provides a platform for an amicable resolution of the issue between the landlord and tenant.
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A.Dear Client,
Unless a term in the Rent Agreement authorizing you to deduct or adjust a sum from the security deposit of the tenant for the specific purpose and you being the landowner cannot deduct or adjust any amount from the security deposit outrightly which is refundable to the tenant on the cessation of tenancy and surrender of vacant possession of the rented premises even if it is agreed by the tenant under compulsion or pressure. A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. So, in the prevailing situation, you can file an application explaining your grievance against the tenant before the concerned Rent Controller to resolve the issue amicably. Reach out to an Advocate for guidance and steps.
Unless a term in the Rent Agreement authorizing you to deduct or adjust a sum from the security deposit of the tenant for the specific purpose and you being the landowner cannot deduct or adjust any amount from the security deposit outrightly which is refundable to the tenant on the cessation of tenancy and surrender of vacant possession of the rented premises even if it is agreed by the tenant under compulsion or pressure. A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. So, in the prevailing situation, you can file an application explaining your grievance against the tenant before the concerned Rent Controller to resolve the issue amicably. Reach out to an Advocate for guidance and steps.
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