One may send a notice for recovery of the security deposit to a landlord who owes you money. The first step in recovery should be to send a legal notice since most recovery cases get resolved in this step itself and you do not need to proceed to Court. One must send a well-drafted and legally sound notice to ensure that you get a prompt response on your notice and you have maximum opportunity to recover your money.
The legal notice for recovery of money must contain the following:
The legal notice must be drafted in the letterhead of an advocate which is to be specific and proper.
It should contain the addresses and contact details of the advocate.
The date on which the legal notice is issued including the name, address, and contact details of the person to whom the legal notice is issued is to be stated.
Since the legal notice for recovery of the security deposit is going from the tenants's end, the name and details of the tenant should be mentioned.
It should be made clear in the notice as to how your right has been infringed due to the act or omission by the opposite party and for that what you want from him. A specific direction must be given to the opposite party along with a time limit.
The following documents must be scrutinized while drafting a legal notice for recovery of money from landlord:
Affidavit of proof of money lent/owed to you
The amount that your landlord is to give you in exchange of your service
Any proof of money owed to you (Rent Agreement, etc.)
No set procedure is applicable in the making of legal notice for recovery of security deposit. However, a legal notice must be drafted and signed by a lawyer, with all the necessary details/contents as mentioned above. Once the notice is drafted it should be examined by the sender. It should then be sent to the defendant. If no action is taken or no repayment is done within the number of days mentioned upon the notice, a recovery suit against the defendant can be filed in the court having jurisdiction.
There is a limitation period of 3 years within which you must send the notice and file the recovery suit, if any, for the recovery of money owed to you. However, if there is an acknowledgment of the debt owed to you, then the limitation period will restart. The legal notice serves the purpose of giving a reasonable time to the person who owes you money to make a payment. The notice also acts as valid proof before a Court of Law that a certain amount is owed to you.
Since, a legal notice is the first step towards recovery litigation, it is highly recommended that you hire a recovery lawyer. A lawyer has the requisite expertise and knowledge to draft such legal notices. He/she will be able to accumulate important information for the client and draft the notice accordingly. He/she will ensure that you are on the right path in attaining justice. A lawyer can manage all legal paperwork effectively. Therefore, hiring an expert recovery lawyer is of prime importance in order to ensure that your legal notice for recovery is sent correctly, keeping in mind the possible litigation that may ensue.
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