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Recovery of my security deposit from the landlord

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Property

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Kindly Help Us Out. First, our owner made us shift house during this tough time and when we found the new home with and labour to shift with difficulties then she is denying to return our security amount fully [12,000 (security amount)- 570 (Electricity Bill) = 11,430/- final amount] and unnecessarily deducting 15 days rent and some other maintenance charges which are not part of the agreement even.

We tried to communicate with her but she is not cooperating. After that, I and my wife went to the Dwarka Sector-23 police station but they also even after the constable tried explaining her over the phone but she was not cooperating. We are already on salary cut, so please help us to get back our hard-earned money. Recovery of my security deposit from the landlord.

Question from: Delhi

The landlord takes the security money equivalent to the rent of one month for compensation against any damage to his property. It is always refundable and subject to adjustment if any damage incurred in property. The landlord shall refund the security money after deducting the repairing cost. 

Landlords cannot deduct the money for the damages which does not incur due to the act of the tenant. Damages caused due to weathering or general wear & tear in the property is not recoverable. Tenants are not responsible to compensate the landlord for such general damages because the landlord is bound to keep the premises in inhabitable condition. 

Tenants do not bear the expenses regarding decaying in paining or malfunctioning of fixtures. The landlord is bound to produce details of damages and expenses which may be incurred in its repairing. Without producing such details the landlord cannot forfeit the security deposit. 

File a civil suit

You should file a civil suit for the recovery of security deposit and compensation for the mental trauma. It is a civil nature dispute therefore you cannot file FIR or any other criminal proceeding. The landlord has breached the agreement and forcefully forfeited the security deposit. 

The rent control act provides an elaborate procedure for the recovery of damages from the tenants. Landlords have no right to treat the tenants arbitrarily. In this situation, the rent control act provides an effective remedy to the tenants.  Therefore, you should proceed under the Rent Control Act. 

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shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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