What to do if landlord is not returning the security deposit?


The present case will be governed by the provisions of the Model Tenancy Act, 2019 which governs the rules of renting out a property and guarantees that neither the landlords nor the tenants’ interests are exploited by the other. ensure that your landlord provides you with a receipt for the deposit to protect your interests. Section 11 of this Act states : 11.

(1) The security deposit to be paid by the tenant in advance shall be as determined by the agreement and as agreed mutually between Ôthe Landowner and the TenantÕ subject to a maximum of two monthsÕ rentin case of residential property and, minimum of one monthÕs rent in case of non-residential property.

(2) The security deposit shall be refunded to the tenant at the time of taking over vacant possession of the premises, after making due deduction of any liability of the tenant.If you haven’t broken any of the terms of the contract, the owner is legally obliged to refund the security deposit in compliance with the terms of the lease. If the landlord refuses to refund the advance money, you can issue a legal notice, and if he still refuses, you can file suit with the rent controller.

If your landlord is harassing you, the first thing you can do is file a report with the police. The tenant should report the offence to the police station that has jurisdiction over the city. Report to the officer-in-charge/station house officer and request that the complaint be filed.

If there were any witnesses present, provide their names as well. If the information is provided over the phone, you can go to the police station to get your F.I.R. registered. After filing the FIR, don’t forget to keep a copy of the document for future reference.

Reference: Section 11 of he Model Tenancy Act, 2019



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