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The landlord refuses to return the advance security deposit
Question
I & my brother were asked by the landlord via call/WhatsApp chat on Sep 15, 2020, to vacate the room in a Noida society flat till 15 Oct 2020. There are a total of 4 people in flat & he has asked only us to vacate. The reason is we are going to vacate it by December 2020 and he has found a replacement right now only. The rent agreement for 11 months was from June 2019 – May 2020 & wasn’t renewed due to the pandemic and lockdowns. I and my brother have been in Jalandhar since mid-March 2020. We have already paid Sep 2020 rent. We told him that we will vacate by 30th September & he should return the deposit. He refuses to return & hasn’t deposited flat maintenance for Sep 2020 with society. We would take a non-essential journey of 1000+ km along with parents for a couple of days just for shifting during COVID-19. Since June 2020, he raised the rent by 400 during lockdown & we are paying the increased amount as well. One of the 4 boys would collect the amount of 17400 (Rent=15000 & Maintenance=2400) & transfer 1500 rent to the landlord and submit 2400 as maintenance with the society. We doubt he will give a NOC. We plan to extend stay for 1 month without paying rent to compensate for deposit. Also, the rent agreement and other documents haven’t been deposited by the owner with the society. Please advise if I am correct in not paying the rent for October to compensate for the rent or if there are any other options.
Answer ( 1 )
a legal notice is requried to be issued to your landlord stating your clear intention to occupy the property for another month in lieu of the security. if the landlord is not returning, make a police complaint against him if required. further, it was the landlord who asked you to vacate the premises now he cannot say that i wont refund the security deposit. Contact team instalegal for issuing legal notice to the landlord.