Community › Forums › Legal Advice India › My landlord refuses to refund my security deposit, please help.
- This topic has 31 replies, 17 voices, and was last updated 1 year, 4 months ago by
User_47f05196.
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UUser_76bdf9d5
PARTICIPANT
January 29, 2025 at 12:25 pmSo I moved into Noida six months ago for some training and had been living in a Boys PG. The day I moved in and paid the security I was told that the security will be applied at the last month of my stay and I’ll have to give them a 1 month notice before moving out, however yesterday i had some excited news, i got an internship at Mumbai and have to fly there this monday.So I talked to my landlord and asked him if I can have my security deposit refunded to me and he says absolutely not, that I didn’t give them a one month notice. So i told him I couldn’t have infomed him one month ago because because I am just getting this news about having to move out yesterday, but he wouldn’t flinch, he kept saying that we had an agreement and that he has papers and stuff and that even the government follows this rule so I looked it up on the internet and found out a tenent has to be refunded the security if there are no overdues or damage to the PG property. So I shared him the screenshots and asked him to refund the money but he’s been ghosting me ever since.
I feel powerless right now because I have to go on monday and I dont have time for police investigations (if they even do any that is) or a small case court because I have to leave this city in less than a week. That money could’ve been really helpful to me because I’m just a student and this is just an internship, I’ll be spending most of my time broke.
(The total sum is โน7,500/-)
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UUser_56091a4c
PARTICIPANT
January 29, 2025 at 12:31 pmI think a simple legal notice should do the work. If you know someone, it’s not much trouble for the lawyer as well. For a sum of 7500 the landlord might not want to escalate things. But if he doesn’t budge, there’s no point in escalation as well, as you don’t have the time. At the very least maybe he’ll open up to negotiate an amount to refund. -
HHappyyash3850
PARTICIPANT
January 29, 2025 at 12:36 pmDude…you need to stand by your agreement…in unforseen situations..you can only request if it is against the agreements …you have to go by landlord’s decision….as simple as that -
UUser_328a0f27
PARTICIPANT
January 29, 2025 at 12:43 pmYou’re wrong there buddy. The security doesn’t just include paying for possible damages, it also includes an assurance that you will give the landlord sufficient time (1 month in your case) to find a tenant by the time you leave, ensuring there isn’t any cutoff in his rental income.
It also goes both ways, assume one fine day he comes to you and asks you to get out of the house in 2 days and says I’ll refund your security. Tell me you won’t feel cheated?He’s fair in his demand and almost everywhere the security is usually adjusted in the last month’s rent assuming there are no major repairs.
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IIndiandude2263
PARTICIPANT
January 29, 2025 at 12:59 pmThis is so common thread here . What is real solution to this ?-
SSonalninja770
PARTICIPANT
January 29, 2025 at 1:15 pmSolution is simple, are legal knowledge is weak. A new startup DigiLawyer is helping people with their legal problems so everyone is aware of their rights.-
IIndiandude2263
PARTICIPANT
January 29, 2025 at 1:23 pmOk bot , now stop promoting digilawyer-
SSonalninja770
PARTICIPANT
January 29, 2025 at 1:24 pmhe he. nahi re simply yar jo sahi hai wo sahi hai ๐
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DDevikawolf295
PARTICIPANT
January 29, 2025 at 1:07 pmWhy did you sign the agreement if you cannot follow what it says. It’s not your pg owner’s fault that you are leaving without notice. Please abide by the agreement.-
UUser_76bdf9d5
OP
January 29, 2025 at 2:48 pmI didnt sign any agreement.-
UUser_16df9841
PARTICIPANT
January 29, 2025 at 5:34 pmAn agreement doesnโt have to be written to be a valid contract
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SSonalninja770
PARTICIPANT
January 29, 2025 at 1:14 pmSimply, you need to show him that you are legally strong. Ask DigiLaywer team, they will help you in that. -
DDesihero8292
PARTICIPANT
January 29, 2025 at 1:21 pmEven if you had given him notice he wouldn’t have given the full amount. -
UUser_43ea0c93
PARTICIPANT
January 29, 2025 at 2:14 pm>I’ll have to give them a 1 month notice before moving out,You were supposed to give one month notice. You didn’t give that notice and landlord is asking you to pay rent for that.
Maybe you can get a replacement for you who will stay in your place. But apart from that don’t see anything wrong in what landlord did
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UUser_47f05196
PARTICIPANT
January 29, 2025 at 2:32 pmIf it is written in the agreement that you need to give 1 month notice before vacating, then police/legal notice/court is not going to help you. Selective reading of laws is not going to benefit you. It is true that the landlord cannot hold the security deposit if there is no damage to the property, however, at the same time, the 1 month notice is for the landlord to find a new tenant in your place. If you do not adhere to the agreement, why should the landlord entertain you?The best course of action here is to make the landlord explain your financial situation, and in case this does not work, take it as a small fee for a very vital lesson that agreements are not meant to be broken.
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UUser_76bdf9d5
OP
January 29, 2025 at 2:47 pmThere was no written agreement, just a verbal, vague one.-
UUser_47f05196
PARTICIPANT
January 29, 2025 at 3:03 pmIs there any proof that you have given the amount, like UPI,etc?-
UUser_76bdf9d5
OP
January 29, 2025 at 3:08 pmYes-
UUser_47f05196
PARTICIPANT
January 29, 2025 at 3:10 pmThat’s good, atleast there is proof that you have given the money. The only way you can expect a return of the amount is to speak to him on an emotional level. Make up some stories, beg him a bit (I know it’s your own money, but desperate times call for desperate measures) and hope that he returns. Also be willing to accept a partial refund, you may get 3-4k out of the 7.5k.-
UUser_76bdf9d5
OP
January 29, 2025 at 3:13 pmYeah i was hoping we could come to an arrangement at 4,000 but he’s been completely silent and he doesn’t even live in this building so i cannot reach him anymore :/-
UUser_47f05196
PARTICIPANT
January 29, 2025 at 3:14 pmKeep pestering him. Maybe call/msg from a different number. All the best buddy. And all the best for your internship in Mumbai-
UUser_76bdf9d5
OP
January 29, 2025 at 3:18 pmHey thanks man, I’ll do that, even if I dont get it I will try to move past that and focus on what really matters-
UUser_47f05196
PARTICIPANT
January 29, 2025 at 3:41 pmAbsolutely!
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LLuckywolf8516
PARTICIPANT
January 29, 2025 at 3:17 pmDude if the landlord would suddenly ask you to vacate in 1 day would that be fair? No. Similarly you giving 1 day notice is not fair. 1 month notice is standard, and here landlord is allowed to deduct 1 month rent from security and return the remaining amount-
UUser_76bdf9d5
OP
January 29, 2025 at 3:43 pmDeduct one month rent from security, even when i have paid all of my rent?-
VVikasknight404
PARTICIPANT
January 29, 2025 at 3:47 pmBut you haven’t given 1 month notice right? So you need to pay rent for that 1 month. When you already knew that you were supposed to serve 1 month notice then why are trying to blame your landlord?-
UUser_76bdf9d5
OP
February 8, 2025 at 6:26 amI lived here for 6 months, paid rent for 7, and I knew i was supposed to serve 1 month of notice. But how was i supposed to? I didnt know what was gonna happen
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LLuckywolf8516
PARTICIPANT
January 29, 2025 at 3:47 pmYes, because there was no notice. If there was 1 month notice then you would’ve got the complete amount back (minus the damages).
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UUser_22e0aa7d
PARTICIPANT
January 29, 2025 at 3:51 pmHow much is rent?Ask him to deduct 1 Month Rent an refund the deposit
This is basic renting etiquette of giving at least 1 month notice from both side
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DDesisunil1025
PARTICIPANT
January 29, 2025 at 4:08 pmYou are in the wrong here. How is he supposed to find a new tenant in a day? What happens if he kicks you out in the night without giving you a month’s notice? -
VVandanashark196
PARTICIPANT
January 29, 2025 at 4:27 pmIndian contract act recognises verbal contracts also.What is the monthly rent?
Landlord is well within his right to hold back the SD since you did breach the agreement.
Also, for 7.5K it makes no sense to fight it out.
Just negotiate your salary in a way this amount gets covered.
Most companies offer relocation benefits like pay for your stuff to be transferred, deposit for your house, one month salary as relocation allowance.
This is on top of the CTC offered. You could also ask for a singing bonus.
Remember the golden rule of corporate life,
If you never ask the answer is always a no.
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KKajalguru526
PARTICIPANT
January 29, 2025 at 6:11 pmName them. These people will have shame when it is in open.
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