- This topic has 8 replies, 4 voices, and was last updated 2 months, 2 weeks ago by
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We are 4 tenants sharing a rented flat, and all our names are on the rental agreement and all of us are engineering students in Mumbai.
After the first 2 months, one flatmate (X) started creating serious issues:
– Regularly brought 8–9 people into a small flat meant for 4.
– Invited unknown friends frequently and brought girls over late at night when others were not present.
– Smoked inside the flat despite repeated objections.
– Caused damage (pan stains on walls, cigarette ash, poor upkeep).
– Was also using drugs (charas/ganja) inside the flat.
The major issue is theft:
– Money has gone missing multiple times from the flat.
– I have lost approx. ₹7100 across 2–3 incidents.
– Another flatmate also had money stolen.
– In ALL instances, X was the only person present in the flat at the time.
– I have call recordings showing inconsistencies in his statements about being at the flat.
When confronted, he did not admit to theft but said he would “pay back” and asked for time. He also suggested adjusting the amount against his deposit.
Current situation:
– He is not paying rent.
– He is asking for his full deposit back.
– He is not taking responsibility for damages or missing money.
Questions:
1. Can we legally deduct unpaid rent, damages, and suspected stolen amount from his deposit?
2. Given that he was alone during each incident, does this count as sufficient basis for filing a police complaint?
3. What is the safest legal way to make him vacate?
4. Should we file a police complaint now (theft + drug use), or wait?
We want to handle this legally and avoid any future complications.
Any advice would be appreciated.
Additionally, he is now claiming that he has left the flat and is refusing to pay rent for the remaining 2 months of the agreement (valid till 11 July 2026). Despite this, he is still demanding his full security deposit back while avoiding responsibility for unpaid rent and other issues.
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RYes you can adjust unpaid rent and damages from his deposit just keep proper calculation and proof dont return full deposit. His presence alone is not full proof for theft but along with recordings and pattern it is enough to at least file a complaint. Safest way is send a written notice to vacate and settle dues then lock things legally. If he is creating issues or drugs are involved you can file police complaint now itself no need to wait. Most important keep everything documented and dont deal only verbally.
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MHis part of deposit is 17500, and the amount of damages etc exceeds this amount, also he left the flat without prior notice and is now not taking away his stuff saying he will only vacate after getting his deposit back.
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RYou don’t have to return his deposit if his dues are more than that just adjust it and clearly tell him no refund pending settlement give him a deadline to take his stuff or you’ll remove it and inform landlord if he creates issues or threatens file a complaint and keep all proof ready
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AIf he’s doing drugs, involve police.. even if you don’t get your money back, you will get rid of the headache
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