Shop Deposit Issue | Vkeel - Free Legal Advice

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Pune

I have taken a shop for rent for 3 years. Have made a rent agreement for 3years. I have 12400 rent per month. And I have paid a deposit of 30000. Now I have left with only 2 months of my agreement. And now the landlord is asking for 20000 rent per month. So I have decided to vacate after 2 months. So my question is can ask him to cut my rent from the deposit for the remaining 2 months. Is it legal? Because he is not agreeing to it. He is saying will give your deposit after you vacate the property. I don't believe him he is not a good guy. I think he won't return. So in case, he does not listen to cut the remaining deposit from it. And if I pay the remaining rent and after termination of the agreement, he does not give my deposit, what all options I have legally to get my deposit back..? Thank you in advance.

Expert's Answers(5)

Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

Dear Sir, Just issue a legal notice to return the advance amount by deducting 2 months rent if you wish to continue to stay in the same premises. If balance is not paid you have to approach Civil Court for recovering the same.

August 8, 2018
Advocate Gowaal
Mumbai, Maharashtra

2 Client Ratings

This is my response to you: 1. Do not pay the rent; 2. Then ask the landlord to collect the rent from your deposit; 3. If you pay the rent and he does not return you the deposit then send a legal notice; 4. Method of last resort is to approach civil court and file suit for recovery.

August 4, 2018
Advocate N Karthikkanna
Madurai, Tamil Nadu

60 Client Ratings

u can get injunction/stay order in a suit. if u think they are powerful than court/law.. then just do what they wish

August 3, 2018
Advocate N Karthikkanna
Madurai, Tamil Nadu

60 Client Ratings

Yes u can deduct the rent from deposit it is legal.. if u r in idea to vacate u can do so. if u don't wanna vacate, file a suit "not to evict without due process of law" and then he cannot vacate u without court (or other competent tribunal ) order and u can pay the rent through court..

August 3, 2018