adjust last month rent from security deposit
Richa
(Querist) 03 January 2016
This query is : Resolved
I have given my owner the notice tat I wil be vacating by end of Jan 2016.as per agreement I have given a months notice. I stay with my family,and have always paid rent on correct date since the first day. Now I have requested him to adjust the last months rent from the security deposit.(owner is having 2 months deposit,I am opening with last month rent only) Agreement clearly says ,deposit wil be returned after 1 week from vacancy only after deducting DUES,DAMAGes,loss against property or maintanence. Owner wil be still having a months rent with him to deduct anything after deducting a months pending rent. In this scenario, m not breaching the terms ,I am only asking to extend some time for RENT and deduct from deposit instead of returning it. Can owner ask me to vacate the premises with immediate effects?
P. Venu
(Expert) 03 January 2016
Has the owner refused to make the adjustment as requested or asked you to vacate immediately?
atul
(Expert) 03 January 2016
1. If notice is given for one month,why do you wish to extend more stay;as in that case the Agreement clause shall be effective even if you stay for one day extra.
2. Security for 2 months can be taken.
3. What is your issue? You cannot dictate to adjust the rent from security. Absolute violation of the rent Agreement.
4. Security is for adjustment of breakages and dues other than the proper rent.
alexander
(Expert) 04 January 2016
abide by the contract in letter and spirit. yu will get your security in due course. don't use the security amount towards your ren unilaterally
K.S.Srinivas
(Expert) 04 January 2016
As the agreement clearly says, deposit wil be returned after one week after vacating the house, only after deducting dues, damages, loss against property or maintenance. Therefore you should abide by the terms of the agreement only.
Rajendra K Goyal
(Expert) 05 January 2016
If the landlord has asked to pay rent, refused to adjust the same from security, go through the terms of agreement, if no such condition exist you should pay rent.
Dr J C Vashista
(Expert) 06 January 2016
What is the response of landlord? If no, it is admitted. If replied, what does he want?
Vague query.
T. Kalaiselvan, Advocate
(Expert) 10 January 2016
You are raising this query out of anxiety without any such thing has happened. Your owner has not denied your request, right?, or whether you have not approached him yet on this?, if yes, approach and get clarified and come back if you really have some problem, to seek advise on further issues.
