You shouldn't have vacated if he was not ready to give you the deposit. Send him a legal notice and if he doesn't respond then file a case under the rent control act.
Landlord is NRI, and not responding or refunding the deposit
We have vacated the flat 45 days ago and the landlord is not ready to respond in writing by when he will return the deposit inspire of spending money to repaint the house and handing over the house in working condition. What should be done? 1. I have the rental agreement with the deposit amount clearly mentioned. 2. I have sent email copies to the landlord 45 days in advance to vacate the home 3. We have lived beyond the lock in period in the property. The only issue is that due to Corona, we could not renew the rental contract as the landlord had been non responsive at the time of renewing the contract and then he came back and wanted us to sign a agreement with 11 month lock in which is not comfortable. So we decided to vacate the flat. Now what should I do to get my deposit money back? Can I file for harassment, claim for delay of refunding the money? What can I do?
Asked 4 years ago in Property Law
Religion: Hindu
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15 Answers
You first issue a legal notice to the landlord intimating about having vacated the rented premises and delivered vacant possession and demand return of the advance amount held by him with time schedule to return the same.
You can contact a lawyer in the local and issue the legal notice.
After that if there is no response or compliance you may file a recovery suit to recover the amount from him through court of law.
You can send him a notice for refund deposit amount or will file case against owner.
Issue landlord legal notice to refund your security deposit
if he fails to refund file summary suit for recovery of your money with interest
If there is a lock in period without the relief of Force Majuere then you may not be refunded with security deposit on early termination of the contract.
Therefore refer to the agreement itself.
Otherwise lodge complaint with criminal breach of trust with local police.
You will have to file a civil suit to claim refund of your deposit with interest for delay
1. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Hello,
- You must firstly get a legal notice issued to the landlord demanding immediate refund of the deposit with interest for the delayed period and warn him of legal consequences including reaching out to the Embassy.
- If he fails to take remedial action and refund the deposit forthwith, you will need to approach the court with a Suit for recovery of your deposit with interest.
1. You can file a Recovery Suit claiming refund of the said deposit with interest, damage and cost.
2. Ordinarily tenants do not pay rents for the lastv few months ro get the deposit adjusted with the arrears of rent.
3. You shall have to understand that the legal cost to recover the deposit might overshoot the depot itself.
4. You can send him a legal notice claiming your deposit with interest.
1) You have to sue for breach of contract. I'm willing to sue on your behalf as your counsel (advocate)
2) You need to visit me for exhaustive consultation before I launch the litigation. I'm based in Mumbai /Navi Mumbai just as you are... So it shouldn't be much difficult for you to visit me.
3) ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)
Dear Client,
You have file a case for Recovery of Rent in the civil court. But before filing suit, you have give a legal notice either through email or speed post.
Dear Sir/Madam,
It is suggested that you serve a legal notice first against him and then file the police complaint as well as the case for recovery of your money.
- Since, you have already vacated the tenanted premises, then the said landlord is under obligation to refund the amount paid in advance .
- Send a legal demand notice , and if no response then file a suit for recovery before the court.
Dear Sir,
Get issue a strong legal notice saying that if he didn’t respond you will hand over the possession to new tenant or lease the property with possession and thus recover your deposit amount.
1. It is always wise for an outgoing tenant to set off the rental of last month against refundable security deposit.
2. Now serve a lawyer's notice to the landlord to return the amount within 7 days.
3. If he does not refund it then you may get a FIR lodged under Section 406 IPC and also file a suit for recovery of money.
