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Landlord withholding security deposit and demanding full rent
Question
We are 3 bachelors who occupy a fully furnished apartment in Bangalore since November 2017. The rental agreement for the same was made in 2017 and it says on the rental agreement that the document is valid for 11 months.
After 11 months, the agreement wasn’t renewed by the lawyer and one of the 3 renters left the apartment and replaced herself with another person to occupy her place. The owner was fully aware of this. We have WhatsApp chat conversations of the owner’s agreement on this replacement. It is 2020 now and the owner hasn’t renewed the rental agreement till now. He had also taken a deposit of 1.25lakhs from us.
Now, the original 2 people want to vacate the apartment, and is asking for their deposit back. Due to the covid 19 market, they haven’t been able to find a replacement for themselves in the apartment. They have tried for over 3 months. The 3 rd person wants to continue living in the apartment but doesn’t want to pay the entire house rent.
Owner is demanding rent from the original 2 people even though the original two people have already vacated the apartment.
Owner is also not willing to give back partial security deposit. He is saying he will cut the rent from security deposit .
I am one of the people who has vacated. I do not have a job anymore and I am living on my savings. My father is retired too. I cannot find a replacement for myself and cannot pay rent either. I need my security deposit back. Please advise me on what legal steps I can take ahead.
Do we have any leverage over the owner for not renewing rental agreement? Do I have any leverage against the 3rd occupant for not willing to pay entire rent when she is the only one occupying the space?
Answer ( 1 )
Proper Answer to ur query can be given after going through the rent agreement. What is the terms and conditioms of the agreement. Had u sign the agreemnet.?Was anything mentioned inthe agreemnt that all you have to share the rent of the apartment acoording to your share if was mentioned that the rent was to be shared by you all then to pay the landlord then u can pay the rent as per his share if it was not so then the landlord can claim the rent from anyone.the landlord can deduct the rent from the security deposited by you. But he cannot calim rent from you from the date u left the prenises and intinated him. Now it can be claimed from a person who is reiding there.