How to Get Your Security Deposit for Rent Back When Leaving
Gitin Suri
Making commercial real estate 10x easier with my 20+ years of experience | Commercial leasing expert | Founder @RPG Estate | Served over 250 clients
Security deposit for rent is the cornerstone of the Indian rental market. It's not just a transactional amount that is exchanged between the tenant and landlord, but an image of trust, assurance and legally binding protection.
It assures landlords that their property will be very much maintained, and if any remarkable damages happen, they won't have to bear the brunt of the financial implications.
On the other hand, it is an indication of commitment for tenants to the place they call 'home', regardless of whether it is just temporary. Tenants can get their deposit back upon adhering to the particulars of the rent agreement and leaving the property in its original condition at the time of vacating.
This dual job of a security deposit for rent makes sure that the two players can continue with a degree of comfort and certainty in their rental process.?
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Purpose of Security Deposits
The collection of security deposits has a few fundamental reasons behind it:
Protection Against Damages
One of the primary reasons most landlords take a security deposit for rent is to guarantee they have a financial cushion in case the tenant causes any unintentional or deliberate damages to the property that may be beyond regular maintenance.
Ensuring Payment of Rent
A security deposit for rent also acts as a guarantee for landlords that the monthly rent will be paid on time. In cases where the tenant could default or if the tenant vacates without notice, the deposit can be used to cover the unpaid rent.
Commitment from Tenants
From the tenant's viewpoint, a one-time payment of the security deposit also signals a commitment to maintaining the residential property, adhering to the conditions of the rental agreement, and ensuring the landlord will return the security deposit in full at the finish of their tenancy.
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If the landlord is not returning the security deposit, the tenant can take legal action against the landlord. The tenant can send a legal notice to the landlord asking for the return of the security deposit. If the landlord does not return the security deposit, the tenant can file a case in the common court for the recuperation of the security deposit.
Tips for Tenants to Get Back the Security Deposit Money
Navigating the rental market can be a daunting encounter, especially when a substantial amount of money is involved, similar to the security deposit. However, with a couple of strategic steps, tenants can guarantee they are strategically situated to claim the security deposit back in full when they move out.
Note the Condition of the Property at the time of Move-in
Before settling in, take a day to fastidiously check and document the condition of your new rented space, by taking photos and recordings of every room, focusing on existing damages, natural use-related wear, or any other peculiarities.
Document the minor cracks, peeling paint, damaged apparatuses, external electrical wiring, and even the condition of appliances if they are part of the rental agreement. Store these files safely, preferably with timestamps and keep a backup on distributed storage. This visual documentation will help as proof, ensuring there's no space for disagreements regarding the deductions in the security deposit when you decide to move out.
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Guarantee Brief Payment of Rent and Other Dues
Make sure to continue to pay rent and other associated dues, similar to maintenance or utility bills, on time. This basic action will be a testament to your credibility as a tenant. Set reminders or automate payments, if necessary, as this assist works with trusting your landlord and sets you in a favourable position if any disputes arise concerning the security deposit.
Leaving the property before you get your money.
Most tenants get fed up with asking for their security deposit for rent back and wind up vacating their properties with the expectation that they will get the money later. In this case, getting the security deposit back is a lot harder and will take significantly longer. You have a better shot at getting it when you're still in possession of the property.?
If your Rental Agreement clearly states that the deposit will be given to you only after you vacate, this point won't apply to you. Although, in the case of the latter, you need to have photographic proof that you went out in great shape. Otherwise, damage post your move can be raised to avoid paying you what is due.
Get the law involved while getting your security deposit
If talking to your landlord does not help, the following thing you can do is talk to a lawyer. He will assist you with framing a Legal Notice and send it to your landlord. If this doesn't work, try filing a common suit in court for the recuperation of this rental deposit sum. This normally would take years, depending on how occupied the court is.?
A few cases get cleared within months, and some take over 10 years, yet if you are patient, the law will work in your favour if you have your documents and proof in request.
Interact Regularly with the Landlord about Property Problems
If you experience any issues in the property, like a leaky faucet, electrical issues, or structural damages, inform your landlord immediately. Don't wait for the problems to worsen. By keeping the landlord in the circle, you're showing responsibility and proactiveness, it is understood by both parties and made plans to guarantee that there are no property issues.?
This diminishes the chances of misunderstandings or disagreements later when the time comes to refund the security deposit.
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Be Transparent about the Terms at the beginning of the Lease
When drafting the lease agreement, guarantee that all terms related to the security deposit are explicitly stated, including the exact amount, reasons for potential deductions, the timeline for returning the deposit after the lease terminates, and the technique for documenting the property conditions at the time of vacating.
The two players should completely survey and understand these terms as ambiguity can be a breeding ground for disputes; the more specific you are, the fewer disagreements you're probably going to face.
Take Help of the N. I Act
The N.I Act or Negotiable Instruments Act has been active since 1881. This act was created to guarantee promptitude and cure against the defaulters of any negotiable instrument like a promissory note, bill of exchange or check. To use this strategy, you need to deposit a check with the date that the landlord needs to make payment, when the check gets dishonoured and he fails to make payment, then file a complaint under section 138 of this N.I. act.
Follow Up
In case you are not happy with the deductions made from your deposit, be certain to follow up with the landlord according to your legal contract, as you can also negotiate on it further to bring it down. For this, you must lay out the reasons why deductions are high, as well as any relevant laws that may have been broken.
Conclusion
If none of these strategies works, try asking pleasantly and with transparency for your security deposit for rent. With some karma, your owner could cave in and give you the money that is due. However, we trust that you find great landlords who follow rules, all the best for your property search. Remember, to get a coworking space on rent in Delhi NCR without paying any brokerage, pick Gitin Suri and click here for his contact details .
For homeowners, it gives a safety net against potential damages, rents not paid, or contractual breaches, while for renters, it addresses their sincere intent to uphold their finish of the rental agreement. Understanding the nuances of security deposits of commercial leasing is not just suggested but vital for the two players involved.
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