I have given notice period to my landlord on 17th Oct and vacated on 28th Oct. He has not given me any deposit till now whereas it is mentioned in agreement that the landlord has to pay deposit back on the day of vacating the house. I was expecting him to deduct rent till 17th Nov but he is deducting full November rent. Also he is taking charges from us for painting the house. Electrician work. Carpenter work etc etc.. we have Cleared all bills already. Please help
1) what are clauses in your rental agreement ?
2) you have to give one month notice if you want to vacate before expiry of leave and licence agreement
3)you would be liable to pay for painting , etc only if there is clause in your contract to that effect
4) issue legal notice to landlord to return your security deposit
5) file summary suit to recover your SD
Dear Client,
How much amount is due to him , vacated on 28th than u r liable to pay at least unto 28th.
Conditions of rent agreement ?
Talk to your landlord that to get the security deposit back is your legal right. You can also say that until you dont get your deposit back you wont pay for anything else.
If your landlord is adamant you can send legal notice to him for recovery of the amount, however try to resolve amicably.
Send him a legal notice seeking forthwith release of your security deposit, after making the full and final adjustments.
The provisions of the rent agreement have to be fully adhered to. He cannot charge you even an extra rupee which is beyond what he can legally charge you under the agreement.
Hi
In order to give clear picture about the deductions made by your owner, the terms and conditions of your Rental Agreement needs to be perused.
If the same is not captured in said agreement, you are entitled to recover the deposit & money appropriated by your owner towards the said expenses (Carry bills / other supporting documents in support of your entitlement).
Your agreement will give clear picture.
Peruse the same and take your issue forward.
Good Luck.
Hello,
You may please share the copy of the rental agreement, so I can peruse the terms and advise you accordingly.
To claim the Security deposit send him a legal notice and if he refuses to still pay the same file a summary suit for recovery of damages.
Regards
Hi, serve a legal notice through a lawyer to your landlord asking to pay the due amount within 15 days .. If he do not comply with the Notice you can file a recovery suit against the builder
Also my main concern is since I gave notice of vacating the flat on 17th Oct and there was 1 month notice period. Till when I am supposed to pay the rent. 17th Nov or 30th Nov. Am I bound to pay the painting charges of the house. There was no damages done to walls except some minor stains which are normal while living in a house.
1)you are supposed to pay rent till 30th November
2) not liable to pay painting charges if your leave and licence agreement does not contain such a clause
You have to pay the rent for the entire November.
No you are not liable to bear the expenses of painting.
Hi
Your follow-up query is answered below:
As per your Agreement one month means, the date from which you intend to vacate the house i.e., 17.10.2017.
It will end one months from 17.10.2017, unless otherwise agreed upon by both of you.
About painting charges it devolves as per your agreement. Generally you are not liable to pay.
Minor wear & tear is okay.
Your query will have first hand information in your Rental Agreement.
PS: Your owner should refund balance deposit amount to you after deducting agreed amounts.
Good Luck.
Ur bound upto 17 th nov atleast.
This depends on wear or tear of building ( if heavy ) It may chargeable or rent agreement allows, otherwise u can recover through court. if charged in excess.
17th Nov
You have to pay the painting charges or not depends on the terms of the agreement.
If no major damage has been caused then you are not liable to give the white wash charges.
Regards
As per the rental agreement, if the same is registered, then the deduction of one month rent and the charges for minor repairs and the repainting shall be deducted by the landlord from the deposit amount.
Any legal fight on this may be a stretched legal battle.
If it is a minor amount, just ignore it but if it is worth fighting besides paying the lawyer's fee, you may proceed legally, but there are very less chances to succeed if the rental agreement if registered.
Also my main concern is since I gave notice of vacating the flat on 17th Oct and there was 1 month notice period. Till when I am supposed to pay the rent. 17th Nov or 30th Nov.
Am I bound to pay the painting charges of the house. There was no damages done to walls except some minor stains which are normal while living in a house.
The painting charges are to be borne by the tenant at the time vacating and also the rental amount shall be for the whole month if it is beyond 15th of that month.