Landlord not returning security deposit Landlord not returning security deposit

3 years ago

I have vacated the rented flat in Mumbai in June(after completing lock-in period). The landlord has not given back the security deposit for 4 months and wants to cut one month rent(75k) as wear and tear charges from security deposit. Is it compulsory to pay 1 month rent for wear and tear charges even if the property is excellent condition. What can be done to get the security deposit back?

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
You may get issue a legal notice saying that you are going to file suit for recovery of security deposit along with Rs. 2 Lakhs towards mental agony.

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DIYAVARHUSSAIN SHAIK

Responded 3 years ago

A.Dear Client
File a petition in court under Rent control act to get direction to get back your advance payment
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Jagannath S Pawar

Responded 3 years ago

A.You can take legal recourse to get it back. Firstly just send him a Legal Notice and seek response. If it doesn't work positively then you are free to approach concerned Legal forum. Regards
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Anik

Responded 3 years ago

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A.Respected client,
You have not stated the complete facts of the case.
However, if you have not done any damage to the property of the landlord. The landlord cannot take security amount from you.
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Adv. Anushka Dikshit

Responded 3 years ago

A.Kindly look into your Rent agreement with landlord and check if there are any violations of lease conditions from your side. If no violations are there, then discuss, negotiate and finally take a legal measure.

You can file a complaint against the landlord along with the necessary documents, payment proofs, copy of agreement, communications; oral or written both will be hold evidentiary value.

I would suggest you to find a lawyer so that he/she can brief you accordingly as per your state local rent laws.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
The facts of the case are not complete,
The normal wear and tear is the decline in property that occurs with the passage of time.
Tenant is not liable to pay the same.
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