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REFUND OF SECURITY DEPOSIT PAID BY TENANT

Querist : Anonymous (Querist) 12 May 2011 This query is : Resolved 
Mr.Parag entered into leave and license agreeement with Gopal on 10.3.10 for 12 months for staying in a flat in mumbai at monthly rental of Rs. 3500/= and security deposit of Rs. 25000/=. One of the terms of the said agreement is one month notice to be given before vacating if vacated within 6 months besides paying brokerage and registration charges incurred by Licensor.

On 9.3.11 he requested orally for renewal of lEAVE AND LICENSE AGREEEMENT FOR next 11 months on increased rent of Rs. 3850/= WITH THE SAME SECURITY DEPOSIT OF rS. 25000/= but other conditions remained same as per last agreement. There is no WRITTEN agreement FOR the renewal after 10.3.11 due to busy schedule of Licensor. In good faith it was agreed ORALLY BY LAND LORD and tenant TO CONTINUE THE LEASE OF FLAT FOR FURTHER 11 MONTHS. TeNANT ALSO paid 2 months rent on 7.4.11(wHICH WAS DUE ON 10.3.11 AND 10.4.11).

Suddenly on 3.5.11 he gave oral notice to vacate the flat on 10.5.11 and on 10.5.11 vacated the flat and demanded full refund of security deposit of Rs. 25000/=.

Landlord Gopal issued a cheque to Parag for Rs. 21150/= towards refund of security deposit by deducting one month rent of Rs. 3850/= Parag refused to take the cheque and demanding orally Rs. 25000/=. What arethe rights and remedies available to Land lord and Parag (Tenant) How parag can recover full 25000/= or he is entitled for Rs.21150/= only.
Querist : Anonymous (Querist) 12 May 2011
the query is still open


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