landlord not returning my deposit money landlord not returning my deposit money

10 months ago

I had occupied a rental property for 11 months when my agreement was over I left the house and moved to another location but the owner did not returned my deposit while I was leaving the house, when I asked for the same he is saying that I have to give him a notice of 1 month before leaving the house, I have gone through the agreement where I found out that I have to provide notice when I want to cancel the agreement but does not specify if I have to provide one when the agreement is terminating naturally, I have not submitted the flat key as the owner might not return my deposit. below are some clause from agreement

11) Cancellation: That, Subject to the condition of lock in period (if any), if the Licensee commits
default in regular and punctual payments of monthly compensation as herein before mentioned or
commit/s breach of any of the terms, covenants and conditions of this agreement or if any
legislation prohibiting the Leave and License is imposed, the Licensor shall be entitled to revoke
and / or cancel the License hereby granted, by giving notice in writing of one month and the
Licensee too will have the right to vacate the said premises by giving a notice in writing of one
month to the Licensor as mentioned earlier.
12) Possession: That the immediately at on the expiration or termination or cancellation of this
agreement the Licensee shall vacate the said premises without delay with all his goods and
belongings. In the event of the Licensee failing and / or neglecting to remove himself and / or his
articles from the said premises on expiry or sooner determination of this Agreement ,the Licensor
shall be entitled to recover damages at the rate of double the daily amount of compensation per
day and or alternatively the Licensor shall be entitled to remove the Licensee and his belongings
from the Licensed premises, without recourse to the Court of Law.

Legal Counsel Vidhikarya

Responded 10 months ago

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A.In the absence of specific stipulation with regard to refund of the security deposit either in clause 11 or 12 of the Agreement for Leave and License, you may not be able to get back your refund even through litigations which may incur cost and waste of time apart from other consequences.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

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A.Hello,
As per the information you have mentioned it is suggested to you that send a legal notice to the owner asking for the return of the security deposit. If the owner still does not return the security deposit, file a case in the civil court for the recovery of the security deposit.
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Vidhi Samaadhaan Vidhi Samaadhaan

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