Owner not returning deposit Owner not returning deposit

2 months ago

The owner is making just some random things up and deducting my money from security. How can i go legal against him? I didnt have any rental agreement. Even after reminders the owner didnt get it done. I have proof of payments made and whatsapp chats that he is just making excuses to deduct money from the security deposit.

Anik

Responded 1 month ago

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A.Dear Client,

If there is no rent agreement outlining the deduction procedure from the security deposit, the landlord cannot deduct it as a matter of right. With proof of rent payments to the landlord, legal recourse can be pursued. Disputes between tenants and landlords are typically resolved under state-specific Rent Control Acts, which appoint a Rent Controller or Additional Rent Controller to address such issues.

In the current circumstance, it is advisable to serve a legal notice to the landlord, clearly articulating the grievance. Subsequently, filing an application with the relevant Rent Controller provides a mechanism to present the issue and seek an amicable resolution through the legal process.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
In the absence of any rent agreement specifying the deduction from the Security deposit, a landlord cannot deduct it as a matter of right. So, you have proof of payment of rent to the Landlord, you can navigate the matter legally. 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 if arises between the parties. So, in the prevailing situation, serving a legal notice to the landlord, you can file an application explaining your grievance against the landlord before the concerned Rent Controller to resolve the issue amicably. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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