Legal Question in Real Estate Law in India

14.07.2013

Dear Sir / Madam,

I have enumerated all the scenarios :

Let's presume that you agreed to paying lease charges of Rs. 15,000/- per month (composite/all inclusive) on 01/06/2013 and gave the Security Deposit of Rs. 21,000/- on the same day to the Licensor for the residential premises and took possession of the house.

Subsequently, you have changed your plan on the 10/06/2013 by which date the pro-rata lease charges for 10 days i.e Rs. 5,000/- became payable by you, and were deductible from the Security Deposit and you had to return the keys of the premises back to the Licensor on the 10th. If you did so, since it was an all inclusive / composite lease charges contract, you are entitled to a refund of Rs. 16,000/-

Now you are saying 12 days before the date (I presume the date to be 12 days before completing a month) i.e on 18/06/2013, the Licensor herself asked you to shift from the premises. In the event you handed over the keys of the house to the Licensor on the 18th, the Licensor is entitled to deduct Rs. 9,000/- from your Security Deposit, take the keys of the house, and return back Rs. 12,000/- to you. In short, since the contract is verbal, you ought to part with the possession of the premises, to get your Security Deposit refunded. Suppose you still held the possession and chose not to return back the keys of the house till the 12/07/2013 (42 days) or thereafter, no amount is refundable to you and your entire Security Deposit stands forfeited. If the monthly lease charges payable were not composite, and the operating expenses like cable, electricity, water, parking, etc were payable by you to the Licensor , she is entitled to deduct / recover these charges she has incurred, from your Security Deposit.

Police intervention is recommended if the matter still remains unresolved.

Regards,

you can send a legal notice to her and if she fails to pay, a suit for recovery can be filed.

thanks and regards

Adv. Rajiv