Many people often have to face a big problem after leaving their rented house. The landlord refuses to return the security deposit without any solid reason or deducts a large part of the amount. In such cases, most tenants suffer losses due to lack of complete knowledge of their rights.
Legal experts say that if the tenant has paid the rent on time, deposited the electricity and water bills and left the house in normal condition, then the landlord cannot arbitrarily withhold the security deposit.
What is security deposit?
Security deposit is the amount that the tenant gives to the landlord before shifting into the house. Its purpose is to provide protection in case of any future loss, outstanding rent or breach of contract. Usually this amount is returned after the tenancy ends.
However, many times landlords make huge deductions in the name of painting, cleaning or minor wear and tear. According to experts, defects caused by normal use are not considered a harm.
In which cases money can be deducted?
The landlord can deduct the amount from the security deposit under certain circumstances. This may include outstanding rent, electricity or maintenance bills, serious damage to furniture or the house and repair expenses stipulated in the agreement.
But making arbitrary deductions without evidence or written information is considered wrong. If the landlord deducts any amount, he should give a clear account of it.
What’s the first thing a tenant should do?
If the deposit is not being refunded then it is important to first read the rent agreement carefully. In this, rules related to security deposit, refund time limit and deduction are written. In many agreements there is a provision to return the deposit within 15 to 60 days.
Apart from this, tenants should keep all the necessary evidence safely. These include rent receipts, bank transactions, electricity and water bills, WhatsApp chats, emails and photos and videos taken at the time of vacating the house.
There is also the option of legal action
If the matter is not resolved through negotiations, the tenant can demand the return of the deposit in writing. If necessary, legal notice can also be sent through a lawyer.
Experts say that in many cases the dispute is resolved with the help of society or RWA. But if the landlord is deliberately withholding money or threatening, then the route of police complaint or consumer forum and civil court can also be adopted.
It is important to avoid these mistakes
Tenants should always have a written rent agreement and avoid cash payments. Giving money without receipt can create problems later. Also, while vacating the house, photos and videos of its condition must be kept. Experts say that with a little care and proper documents, tenants can easily get their security deposit back.
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