Arvind Singh (Project Leader) 04 May 2012

Tenant vs landlord

Dear All,

I had a lease agreement with my landlord in Bangalore and I vacated the house in april by giving him the prior notice . But that notice was a verbal one. He does not even give me the rent receipt regularly.

Before handing me the house , he did not give me the painted house but now he is asking me to return him the painted house and this very clause is not mentioned in the agreement as well.

On oen pretext or another he is trying to deduct the whole of my security deposit that is 40000/-- .He is not even willing to return my security deposit. I am trying my level best to negotiate with him and settle it but seems like he is not going to relent.

I have the recordings of the verbal communications with him but not sure how much validity it will hold.

Dont know how to recover my security deposit. Please suggest....

Thanks

Arvind

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 04 May 2012

Dear Mr.Singh,

You've not mentioned the duration of lease agreement and whether it was registered or not. A lot would depend on the terms and conditions of that lease agreement, and whether it provides for forfeiture of security deposit, and if yes on what condition ?

In any case what we are clear at is that he can't forfeit more than what is reasonable in any situation. Even though agreement provides otherwise.

If there is no clause that allows him the forfeiture - then you'd have to file a suit for recovery of the security amount, obviously preceded by a Legal Notice, which may, do the trick itself too without recourse to courts.

Arvind Singh (Project Leader) 04 May 2012

Dear Mr Chugh,

Thanks for the reply. the lease agreement was for 11 months and it has already expired. there is no such condition for forfeiture of security deposit in the agreement. I have also the recordings of verbal communications with the landlord while discussing the reimbursement of security deposit. In terms, written documents, I have only rent agreement with no forfeiture clause at all.

Thanks

Arvind