issue legal notice to landlord to return your security deposit
2) mention that you are willing to vacate the tenanted premises provided SD is returned simultaneously
Harassment from landlord - not returning deposit
Hi All , I need guidance on below situation . - I moved in to a house , with a rent agreement in which 11 month period was mentioned . - As per the agreement period end date was 15th December 2017, which I did nt notice and assumed that this is an standard format because as per my past experience rent agreement used to be created once only and I stayed for 3-4 years with any agreement renewal . - Now on April 2 nd , my landlord asked me to vacate the house (on call ) and he is refusing to return the deposit .Though he never asked for in last 4 months even though agreement is expired . I would need your guidance that how to deal with this situation , when he is not returning the amount and asking me to vacate the house as soon as possible . Thanks , Ashish
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
Firstly, at the time when you signed the agreement, you should have read it once.
Secondly, but it’s ok sometimes we don’t act just because of the past experiences.
Thirdly, I advice you to please share the copy of the agreement so that I can vet it properly, and tell you to whether the land lord have any right to not to return the amount or not.
Lastly, as there may be some clauses in the agreement which would save your hard earn money.
If agreement is not mentioned that is not your fault, its owner's fault, so don't vacate the house as of now.
its not your fault, unless and until he gives deposit amount to you.
Hi, legally he has to intimate you a month before the expiration of the rent agreement which he failed to do so ... My advise is to settle the matter amicably with him .. If he do not refund your deposit , then there is no need to vacate the property untill he refunds your amount ..You can contact me in person for further legal assistance..Thank you
Hello,
Once the lease period of the rent agreement expires then it becomes a month to month tenancy.
Do not vacate the premises if he is not returning the security deposit.
Regards
You can send him a legal notice to return your deposit and also ask him to give one month notice to vacant the property. As far as agreement concern, you can say that you had a oral agreement with the landlord. The land lord can not ask to vacant the property without notice. To advise you properly I need to go through your agreement. You can contact us, we have a law firm practicing in whole NCR.
You can refuse to vacate if he is not willing to return the security deposit amount after due deductions.
Even though he has not informed you about the renewal, the contract or agreement condition is very clear that the rental agreement will expire on the due date as per the conditions of the agreement, therefore ignorance of law cannot be claimed as an excuse.
However you can contemplate to issue a legal demand notice if he is refusing to return the amount after vacating the premises.
Dear Client,
By efflux of time, Agreement is over. but non insistence of LL to vacate the house and receiving rent amounts continuation of tenancy. Forced eviction not permissible. You can refuse to vacate without return of deposit.
See even if the agreement is expired he cannot evict you like that after 4 months it is apparent mistake on part of both of you.
Secondly landlord cannot force you out.
Thirdly issue a legal notice to the landlord stating that to refund your security deposit in case he fails than you can initiate a recovery suit against him.
Don't vacate the house till he returns you the deposit. Pay him the legitimate rent of that flat till the first time he refused to refund the deposit. Send him a legal notice. He will eventually pay you the security deposit to get the possession back
