Security deposit refund issues
2 years ago
I am on lease for a period of 3 years and the lease agreement is unregistered but notarized. I have paid the refundable security deposit of 8 lakhs via bank transfer and have bank records. Three months back Landlord came to my house and did some nuisance and also beat us which resulted in a police complaint and as per the lease agreement terms either party can give three months notice to vacate the property. So police asked to give the notice letter on stamp paper and the notice period is ending tomorrow and from past three days I'm messaging the landlord to let me know the status of refund but the landlord doesn't reply and wantedly doesn't open the watsapp message so sending normal sms as well but no response. I'm planning to visit the police station again tomorrow asking for help. If this doesn't work then I will have to proceed legally but this Landlord is 420 and won't be at home to receive the legal notice and will do everything to avoid it. So what can be done in this case?
Sidhaarth
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can continue the possession. He can't evict you without a court order. You have right to get your amount back or continue the possession unless until he pays it. If he try to evict you by using force, you can request for the police protection.
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You can continue the possession until he pays you the amount. Since you have the record of the bank transfers, that can be produce as an evidence of consideration for the lease. He can't evict you without a court order. If he tries to do it, you can give a police complaint and they have to provide you the protection.
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Adv . Shirish Patil
Responded 2 years ago
At the same time, you are required to initiate a legal proceeding for the recovery of the amount i.e security deposit. Before it, you can send a demand notice to the landlord demanding the return of the security deposit.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
Its civil matter now after notice so police will help to certain extend only.
Lease have these problems thatswhy people prefer rent than lease.
If possible not to vacate house.
You have to send legal notice first through lawyer and then you can move court to recover money.