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Prashant   30 March 2018

Refund rental security deposit

Dear Sir,

I had taken a flat on Rent in Mangalore in July 2015. Rent agreed was Rs 16000/- p.m. with 10 months rent as deposit, and Landlord made agreement for 11 months with a clause that agreement can be renewed for further 11 months at mutually agreed rent at the time of renewal.

Rent continued @ Rs. 16000/- for 3 terms (almost 3 years) till now and the agreement is due for renewal now on 1st April 2018.  On 23rd March 2018 Landlord informed me orally that Rent from 1st April is Rs.18000/-  I informed him that any increase in rent this time is not acceptable to me as the Maintenance has been increased from 1250/- to 1,750/- couple of months back, which I need to pay. For which landlord said either you accept this rent or vacate.

I told him that I will vacate the flat by 3 months. But landlord is telling your agreement expires next week on 31st March, and if you continue to occupy beyond it, I will deduct double rent from your deposit. I told him I am asking reasonable time of 3 months to vacate. But he says that is not reasonable and my stay beyond 31st March is illegal and he has right to deduct double rent from my deposit.

I have already identified another flat yesterday but I am getting possession latest by June 15th, which I already conveyed to landlord, but he is not agreeing me to continue till 15th June.

I request you to kindly guide me what should I do to protect and get back my Deposit amount of Rs. 1,60,000/- when I vacate the flat on 15th June, if landlord does not refund the full amount, which is most likely.

Regards,

Prashant



Learning

 5 Replies

P. Venu (Advocate)     30 March 2018

The Landlord cannot deduct double the rent which is unreasonable. You can initiate legal action if he persists with his ill-advised move.

Prashant   30 March 2018

Thank you sir, for your advice

Regards

 

Prashant   30 March 2018

Dear Mr. P Venu Sir,

Can landlord get eviction order to vacate before June 15th from court, will court give such order without giving me opportunity to be heard? As the agreement is ending on 31st June, but landlord has not given me any reasonable notice to vacate, will he be able to get eviction order before June 15th?

Regards,

Prashant

 

 

Prashant   31 March 2018

# Kindly read 31st June as 31st March above

Agreement ending 31st March 2018

Prashant   01 April 2018

Originally posted by : P. Venu
The Landlord cannot deduct double the rent which is unreasonable. You can initiate legal action if he persists with his ill-advised move.

 Dear Sir,

Can landlord get eviction order to vacate before June 15th from court, will court give such order without giving me opportunity to be heard? As the agreement is ending on 31st March, but landlord has not given me any reasonable notice to vacate, will he be able to get eviction order before June 15th?     Kindly guide.
Regards,
Prashant


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