Non-payment of Security deposit
Security deposit is the amount that a tenant needs to pay the landlord before moving into the rental property. It is usually equal to one or two months' rent and refundable at the end of tenancy period. The main purpose behind a security is to safeguard the landlord against two possibilities. The first possibility is that the tenant may vacate the property without paying the due rent. In such case, security deposit protects the landlord against financial loss. Another possibility is that the tenant may damage or destroy the property. In this case, the amount of deposit will help in meeting the cost of repairs or reconstruction.
However, this amount which is meant to protect the landlord may also be misused by the landlord. In many cases, landlords either refuse to return the amount of deposit or keep delaying it with excuses. The tenant often feels harassed and helpless in such situations. But, that shouldn't be the case. Here is how to deal with cases of non-payment of security deposit.
Who is Covered?
This situation covers every tenant who has taken a place on rent, has vacated it, but isn't able to get the deposit money back.
What is the Remedy against Non-Payment of Security Deposit?
If despite repeated requests, your landlord is not ready to refund your deposit, you can first send a legal notice of demand. This notice will state the amount of money due to you and provide a reasonable time frame for return of that money. However, if the landlord does not comply with the notice, the only remedy would be to file a court case for recovery of money.
What are the Precautions?
Despite the remedies, it is always better to take precautions on your part as a tenant. Before entering into a tenancy agreement, make sure that it contains a clause dealing with security deposit as well as its refund. You can use this clause in your favour in case of a legal suit.
How PocketLawyer Can Help?
If you need any help with recovering your security deposit, we at PocketLawyer can help. We will connect you with expert professionals. These professionals are property law experts. You can post your requirement and they will assist you with the entire legal process at affordable prices.
Need any further help? Contact us now.