Delayed rent , owner asking to pack it , how can I deal with this ?

Community Forums Legal Advice India Delayed rent , owner asking to pack it , how can I deal with this ?

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    • #75211 Reply
      User_46f15ddb
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        U
        User_46f15ddb
        PARTICIPANT
        January 13, 2025 at 11:15 am
        I 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.

      • #75217 Reply
        User_34933357
        Participant
          U
          User_34933357
          PARTICIPANT
          January 13, 2025 at 11:18 am
          I don’t think anything can help either you pay rent or try to convince your landlord

          • #75219 Reply
            User_46f15ddb
            Participant
              U
              User_46f15ddb
              OP
              January 13, 2025 at 11:19 am
              But 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.

              • #75221 Reply
                User_34933357
                Participant
                  U
                  User_34933357
                  PARTICIPANT
                  January 13, 2025 at 11:22 am
                  Not really that’s not how deposit works deposit is for any wear nd tear

            • #75216 Reply
              Desisunil1025
              Participant
                D
                Desisunil1025
                PARTICIPANT
                January 13, 2025 at 11:21 am
                Which city is this?

              • #75215 Reply
                User_5eeda00e
                Participant
                  U
                  User_5eeda00e
                  PARTICIPANT
                  January 13, 2025 at 11:29 am
                  Do you have a Job?

                • #75214 Reply
                  Megautkarsh6607
                  Participant
                    M
                    Megautkarsh6607
                    PARTICIPANT
                    January 13, 2025 at 12:29 pm
                    Until 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.

                  • #75213 Reply
                    User_b1a223ac
                    Participant
                      U
                      User_b1a223ac
                      PARTICIPANT
                      January 13, 2025 at 3:23 pm
                      Refuse 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

                      • #75218 Reply
                        User_839e01f3
                        Participant
                          U
                          User_839e01f3
                          PARTICIPANT
                          January 13, 2025 at 4:45 pm
                          Bruh 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.

                          • #75220 Reply
                            User_b1a223ac
                            Participant
                              U
                              User_b1a223ac
                              PARTICIPANT
                              January 13, 2025 at 5:28 pm
                              OP’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.

                              • #75222 Reply
                                User_df144733
                                Participant
                                  U
                                  User_df144733
                                  PARTICIPANT
                                  January 14, 2025 at 4:13 am
                                  How 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.

                          • #75212 Reply
                            Brightowl5321
                            Participant
                              B
                              Brightowl5321
                              PARTICIPANT
                              January 14, 2025 at 5:40 pm
                              Lawyer 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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