Rental Property Deposit Not Getting Refund
Mohammed Ashraf
(Querist) 22 April 2011
This query is : Resolved
I took a flat on rent 2500/-per month and I paid 10,00,000/- as deposit to the Owner of the said flat.
The agreement was registered and the stamp duty was paid equaly by both.
The agreement expired on 19/04/2011,The problem is that the owner has not refund the deposit amount,what should I do? guide me for the above.
A V Vishal
(Expert) 22 April 2011
Issue a legal notice immediately to the owner asking for the refund
Guest
(Expert) 22 April 2011
Any legal notice may bounce back on you if you are also at fault as per the agreement, as the agreement cannot be one sided. Your question seems to be incomplete, as the following two questions arise out of your query:
1) Have you vacated the flat? If not, do you want to retain the flat by extension of agreement and showed your intention to the landlord? and
2) Did you ask the landlord for refund verbally or in writing on or after the date of expiry of agreement?
Naresh Kudal
(Expert) 22 April 2011
well answered by me Dhingra. Are you still in possession of the flat? if yes, you cannot ask for refund.
Mohammed Ashraf
(Querist) 23 April 2011
Sir,I have not vacate the flat I want to renew the agreement,the owner of the flat told me verbally from his mobile phone 8 days before that he want to give the flat for 17000/- per month Full year advance and 2 months deposit IE:238000/-,and the remaining amount IE:762000/- he will give before the expiry of the agreement{19/04/2011), I agreed for the above and I have recorded the above conversation with a call recorder in my mobile phone,on 20/04/2011,he call me back and told me that he want some more time to arrange balance money for refund,I told him to continue with the same previous terms but he disagree, I have recorded this conversation...What should I do? I want to stay in this flat for 1 year and i don't want to send notice because he will get someone else in, Can I continue without any notice? I've recording will be proof sufficient? if I don't send notice I'll be in fault? Please Guide Me
BALAJI S N
(Expert) 23 April 2011
You may continue to reside there. But ensure to renew the agreement or a letter to landlord to extend the validity.. M' while what is the notice period in the agreement..
Regards
BALAJI
BA LLB (CS)
RAJU O.F.,
(Expert) 23 April 2011
In the registered rent agreement, usually there would be mention of consequence of non-refund of the deposit money. Proceed legally according to the agreed provisions, before Court for refund of deposit with interest and costs.
