Hello I Took A property For rent in bangalore in nov 2014 for 12750rupees And the advance amount given was (130000) one lakh thirty thousand and the house was not painted when we took position . Now on aug 2nd 2017 we vaccated the house and at the time of vaccating we were paying 14650 as rent. And we gave the keys to the owner the same day we mentioned ie 4th august and till date we past 10 days we havent received advance amount now the owner says he willbe holding 21k towards painting and cleaning charges and transfer the rest. I want to understand as he has not given us the painted house are we suppose to pay the painting charges ? If yes as per my knowledge its just one month rent according to agreement 12750 that is usually collected from tenats as paiting and cleaning charges . Why is he asking almost 8k more than we are suppose pay how can we go ahead and recover the money is there any law to file against?
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Hello,
Sir anyways 8k is a meager amount to file a case, you will end up paying more as litigation fee.
You can first talk to him mutually and if he stilla fails to refund the amount you can approach the nearest police station and ask the police officials to solve the issue.
Regards
1. To paint and clean the house is the liability of the landlord. The tenant has a right to reside in a clean and painted house, the expenses of which are to be borne by the landlord unless otherwise agreed.
2. If he does not refund the entire amount then serve a lawyer's notice to him and thereafter go to civil court, if required, to recover the money with interest.
1.Though painting is the job of the landlord the tenant may does this with consent and asurance of reumbrsement by the landlord alter.
2.if this was absent in your case then you will have to bear the costs.
3. So if he agrees on this it is alright . Otherwise do not raise further dispute and take back this money.
4. if he refuses to pay the security money you may lodge complaint u/s406 with the local police.
It is only for the damages that he can hold the money .. It is not valid to do so... You can file a recovery suit against your owner to recover your amount
1) if as per agreement builder is entitled to recover painting charges on delivery of vacant possession of flat you are bound to pay
2) if agreement is silent you dont have to pay painting charges of Rs 21k
3) you can issue legal notice to builder to recover your SD
4) you can file summary suit to recover your money
5) amicable settlement is best option as litigation costs will be more than money sought to be recovered
He can ask any amount but it is not legally sustainable in the eye of law and you are also not binding to pay the same. In your case both of you can act according t o the the recitals in the rent agreement .If he is not ready to refund the advance amount send a legal notice and file a recovery suit against him.
It is common with all house owners to deduct certain amount towards painting and renovation charges
If you find it exorbitant then you can arrange to do them yourself
