- This topic has 3 replies, 2 voices, and was last updated 1 year, 4 months ago by
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HHello everyone
I shifted out of my rented space after giving aa 60 days notice period.
The landlord’ brother had a visit of the place on 30 Jan and mentioned he needs to get the quote for repainting and hasn’t returned my deposit yet.
I asked him why did he visit so late and he has no answers.
When I took over the place, he didn’t
1. Paint the house but wants to take money for repainting
2. Didn’t do any agreement
3. I paid all rents on time
4. Didn’t damage any property and was a trouble free tenantThe landlord is abroad and hence just available on chat.
Are legal options viable in this case ?
Or getting a “stay” on renting the property possible so he learns a good lesson?
It’s irritating that he takes things for granted – I was under the impression that he wouldn’t charge me for painting since he didn’t paint the house when I moved in and says it’s “fair” that I pay for it
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RLawyer here.
You can send a legal notice to the landlord demanding him to pay back the security deposit. If he still does not pay you, you can approach a Court and file a suit for return of the amount.
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HThank you.
Is there a counter argument they can file ? Reason I ask is, there was no agreement made in the first place – deposit was transferred via Gpay and I have the transaction details.
Also, any possibility of getting a “stay” so they can’t rent out the space till the issue is sorted?
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RYou do not need to have a written agreement to claim back the security deposit. Having a written agreement is better but it is not mandatory.
Nothing is stopping you from filing an injunction suit asking for a stay. I’m not sure if the Court will grant it though. Because prohibiting the landlord from renting out the property to someone else is a relief from which you do not gain anything. There is no urgency in preventing the landlord from doing the same. Your right over the security deposit is not dependent on the landlord renting out the premises to someone else. Even if he does so, your said right will not be affected. So getting a stay is going to be difficult.
On another note, even after the termination of the lease, if the tenant refuses to vacate, the landlord cannot just kick the tenant out. Forceful eviction is not permitted. To evict such tenants, the landlord will have to go to Court and obtain an order of eviction which is going to take a lot of time, effort and money. I have seen tenants staying back in the premises even after the termination of the lease to ensure repayment of the security deposit. They use it as a means to force the landlord to pay back the security.
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