king kumar (engineer) 21 September 2011

Owner is not refunding full security deposit

Hi There,

I rented a apt with rent Rs 21500 for 11 months.. After that owner was asking not uncertain to extend the lease and we both agree to, that i can live in the house for couple of month providing rent is increased by 10 %. The mentioned property is owned by father and son but i signed the lease with father. I send vacate notice to son as he mentioned, he will be taking care the property now onward. Father is not respecting one month notice as he is saying the oringinal agreement was between and me. I paid rd 1, 50. 000 as security deposit. He is deducting one month notice rent, painting and for some small repair, which happened due to normal usage. He also didn't provide the reciept of full amount but divided the receiept with rent and maintenence charges. If i understand it correctly, he is supposed to get a tac break for maintenence charges from gorverment and i am not supposed to pay maintenence charges.

I already vacate the house and moved to different apt but still have all the key along with me except one key, which i gave him to inspect the house.

Please suggest, how i can get full refund and rent reciept for full amount. BTW, Owner is lawyer and trying to teach me legal system

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2 Replies

R.Ramachandran (Advocate) 21 September 2011

Was there any written agreement between you and the landlord or not?

If there was any written agreement, what are the terms contained in it?

Is there any mention about the Security Deposit amount paid by you? Did you pay the security amount of Rs. 1.5 lakhs by means of cheque or cash?

Only on the basis of the information that would be provided by you, one can give a view on the matter.

king kumar (engineer) 21 September 2011

Yes, We do have have written agreement and security deposit is mentioned in agreement. Initially i paid the whole amount with two check ( 75000 each), one for father and other one for son. But somehow one check got bounced and I paid the money with online transfer.

My questions,

1) Although agreement was done between father and me but his son send me an email mentioning, he will be taking care the property but his dad is saying, son doesn't have anything to do with it. Can i take a legal action against son.

2) I gave one month notice to son by email but owner didn't came before my move out date. He came 2 days after. Legally, he or his representative should be their on my moving out date. Father gave the reason, as i never send him the notice to him to vacate the house and his son doesn't have any right to deal although he is the coowner

3) How he can charge me for wear and tear for normal usage?

4) It is legal to provide rental reciept mentioning rent and maintenence?

5) Leese agreement automically extended by another eleven month, If i increased the rent by 10% as mentioned in lease agreement or do i have to sign a new leese agrrement.

Thanks in advance for helping