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Landlord refusing to return the advance security deposit, Noida

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Landlord refusing to return the advance security deposit, Noida

Last updated: September 20 2020
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  • Landlord refusing to return the advance security deposit, Noida

    I & my brother were asked by the landlord via call/WhatsApp chat on Sep 15, 2020, to vacate the room in a Noida society flat till 15 Oct 2020. There are a total of 4 people in the flat & he had asked only us to vacate. The reason was we were going to vacate it by December 2020 and he had found a replacement.

    The rent agreement was for 11 months from June 2019 to May 2020 & wasn't renewed due to the pandemic and lockdowns. I and my brother have been in Jalandhar since mid-March 2020.

    We had already paid Sep 2020 rent. We told him that we will vacate by 30th September & he should return the deposit.

    However, he refuses to return & hasn't deposited flat maintenance for September 2020 with the society.

    We would take a non-essential journey of 1000+ km along with parents for a couple of days just for shifting during COVID-19.

    Since June 2020, he raised the rent by 400 during lockdown & we are paying the increased amount as well. One of the 4 boys would collect the amount of 17400 (Rent=15000 & Maintenance=2400) & transfer 15000 rent to the landlord and submit 2400 as maintenance with the society.

    We doubt he will give an NOC. We plan to extend stay for 1 month without paying rent to compensate for deposit.

    Also, the rent agreement and other documents haven't been deposited by the owner with the society.

    Please advise if I am correct in not paying the rent for October to compensate for the rent or if there are any other options?
    Last edited October 7 2020, 12:32 AM.
  • #2

    #2

    Re : Landlord refusing to return the advance security deposit, Noida

    There is no right and wrong in this. Generally the landlord is expected to return the security deposit unless he deducts it towards any damages attributable to you.

    If you stay for additional one month he can demand the rent or evict you, do keep in mind that he is likely to be a local person

    Best would be to speak with hm and find an amicable solution

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