I had rented a house in chennai for rs.15000 with rs.150000, paid as advance in june 2016.rental agreement mentions the notice period is for two months.in may 2017 my mother fell ill and i had vacated the house on 26.05.2017 and shifted back to hyderabad, after informing the house owner a week before and had handed over the possesion of the house. i had asked him to refund the advance after deducting two months rent. the owner has not refunded the advance till date and is insisting that he will refund the advance once a new tenant comes and pays him the advance. he also says that he will recover two months rent from the advance while refunding the amount. my question is since the owner has not refunded the amount immediately after vacating the house, can he deduct the two months rent, if he pays the amount at a later date. what are the legal recourse left for me to claim the refund of my advance.
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Lawyers are available now to answer your questions.
1) issue legal notice to landlord to refund your security deposit after deducting 2 months rent
2) if he fails to pay file summary suit to recover security deposit with interest
3) also file police complaint against landlord under section 406, 420 of IPC for criminal breach of trust abd cheating
You first issue a legal demand notice to the landlord immediately mentioning the circumstances under which you had to vacate the premises.
You may also inform that since he has not made the payment immediately he is not authorised to deduct the rental amount while returning the deposit amount.
If he is not responding or complying with the demand made you may drag him to the court of law with a suit for recovery by which you can ask him to repay the same with interest as on the date.
Hello,
You can straight away send a legal notice to him to claim the said amount, and probably this will do. However, if he still fails to return the money so paid as advance by you you can file an FIR in the police station.
Since you are now no more living in that city,, I suggest that you keep in constant contact with him and ask him on telecon to reimburse your money.
Regards
