Community › Forums › Legal Advice India › Delayed rent , owner asking to pack it , how can I deal with this ?
- This topic has 11 replies, 9 voices, and was last updated 1 year, 5 months ago by
User_df144733.
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UUser_46f15ddb
PARTICIPANT
January 13, 2025 at 11:15 amI 25f have been going through some issues and have been trying to make ends meet but I’ve failed to pay my rent for 2 months , the rent I have is 9.5k p/m , although I did have a deposit down of 30k – we didn’t sign a rent agreement because I’m from a town and they don’t follow that here .
I have asked extension and have been denied , when I asked my owner to deduct from the deposit and I would give it back asap but she said she is taking the deposit as a penalty for not paying rent and for painting the house and has asked me to either pay it within 2 days or vacate within this week and also lodging a complaint against me.
How can I deal with this ?
Please help me out I have no where to go , and I have pets – I’m lost please help me figure this out. -
UUser_34933357
PARTICIPANT
January 13, 2025 at 11:18 amI don’t think anything can help either you pay rent or try to convince your landlord-
UUser_46f15ddb
OP
January 13, 2025 at 11:19 amBut can she not take it from the deposit? Even saying 2 months rent would be 19k , still there is 11k which I feel is more than enough as extra amount.-
UUser_34933357
PARTICIPANT
January 13, 2025 at 11:22 amNot really that’s not how deposit works deposit is for any wear nd tear
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DDesisunil1025
PARTICIPANT
January 13, 2025 at 11:21 amWhich city is this? -
UUser_5eeda00e
PARTICIPANT
January 13, 2025 at 11:29 amDo you have a Job? -
MMegautkarsh6607
PARTICIPANT
January 13, 2025 at 12:29 pmUntil and unless you have a written agreement, you can’t even prove you paid a deposit. Only thing you can realistically do is appeal to them for some time or just manage the money somehow. Nothing else can be done because in case you do move out, you will have to pay the deposit again. And moving costs quite a penny these days. -
UUser_b1a223ac
PARTICIPANT
January 13, 2025 at 3:23 pmRefuse to vacate. Tell her you will sort this out in court.In the meantime, look for another place and vacate once she pays back the deposit minus any dues for unpaid rent and repair work that is needed for any damage that goes beyond normal wear & tear. NAL
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UUser_839e01f3
PARTICIPANT
January 13, 2025 at 4:45 pmBruh iske liye court ka chakka? Just for say also not something that would be appreciated, OP is at a disadvantage here with no agreement. I feel if she says this then it’s immediate kickout.-
UUser_b1a223ac
PARTICIPANT
January 13, 2025 at 5:28 pmOP’s disadvantage is her niceness. She made a reasonable offer but is met with a ripoff by landlord. Time for OP to stop playing nice.-
UUser_df144733
PARTICIPANT
January 14, 2025 at 4:13 amHow it is niceness. OP is not paying rent then owner can take deposit as penalty plus they don’t have any document either.She missed rent of 2 months then her third month without deposit already started ig and owner cannot take risk to allow her for 3rd month either if she does then there won’t be any deposit left for wear n tear.
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BBrightowl5321
PARTICIPANT
January 14, 2025 at 5:40 pmLawyer here.Since this is an oral month to month tenancy they will have to issue a notice to you asking you to vacate the premises within 15 days. They are not entitled to keep the deposit as penalty. My opinion would be to not vacate the premises until you find another flat. They cannot do anything under criminal law since this is purely a civil dispute. To go for an eviction suit, they will have to issue notice first.
My (non-legal) advice would be to stay in possession until your security deposit is exhausted or until you receive a notice to vacate. This will allow your landlord to adjust the rent from that amount. Until then, keep looking. When the 30k is exhausted, leave the premises.
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