• Owner asking for more money for repairs after vacating.

Hi. I'm from Hyderabad, Telangana. I stayed in same apartment for 4 years and vacated recently, as the owner wants to sell his house. I requested the owner to come check the apartment. We don't have any rental agreement. Owner is delaying the inspection and when requested him repeatedly he was angry on me. He is threatening me that he will compain to police that I damaged his house. His intention is to charge money for all repairs and painting. There are few repairs before I rented the house. Please let me know how I can face this situation. Owner is yet to come for inspection. I'm bit worried about how much he will charge me. He is local and threatening me that...
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Dear,

Don't worry, you done nothing wrong with the house, and you told that

no rent agreement you both were made, so no proof he has, he has no right to

threaten you, he will nothing do wrong , don't worry.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hello,

Contact your local lawyer and send him a legal notice to inspect the house within a specified time .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1) you should have done video recording of condition of house at time of vacating

2) also some photographs of condition of house

3) you are not liable to pay for painting of the house unless there is clause to that effect in leave and licence agreement

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Send him written notice asking for painting or repairing as need be.

2. if he does not do that then you can carry out the repairing and refurbishing job and deduct the expenses from your monthly rent. It is permissible under law.

3 The police has nothing to do with this complaint and hence you can ignore his empty threat of complaint to Police.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello sir , it is advisable to send him a legal notice , intimating him to inspect the said premises and to refund the deposit amount ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

In absence of a rent agreement specifically mentioning what the landlord has to levy from you at the time of vacating the premises towards repairs, he cannot charge a penny from you.

You may vacate the house in question without a paying a penny to the Landlord.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Cleint,

Take pic/video of house, so that its present condition can be secured. This way even after few dasy or moth, u will be in a position to evidence the actual condition of property and no damages caused. Police has no role in such cases. so relax.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Since there is no rental agreement therefore he cannot charge much from you. If he is threatening you then you can file a complaint to the Police in this matter.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1) Don't worry let him come and see the house. And let him inspect it and remove fault and ask whom will do he himself or you have to do the painting and repairs. Have a healthy talk with him and so come to price and who is going to pay what and how much. All above points depends upon how much deposit amount is laying with owner and how much he is able to give you back.

If there is no deposit amount than forget fighting only talk and deny maximum errors.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You communicate the decision to terminate the tenancy and send the same by registered post to him.,

Let him give a reply or you set a deadline for this

You can file a recovery suit to0 recover the advance paid to him if he is not returning the same on handing over the vacant possession.

There is no police case maintainable for the repairs or damages.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. In absence of a written agreement, it becomes very difficult to answer.

2. But generally, when the tenant vacates the premises, he is required to handover the charge of the premises to the owner in the same condition in which it was given to the tenant, excepting reasonable wear and tear.

3.If you feel that you have caused some damage to the property then in fairness you should either repair the same or reimburse the owner for the cost that would be incurred by him for making good the damage.

4. If your owner makes any unreasonable demand then you can always challenge the same legally.

5. As a custom, the licensee is required to do a white wash of the premises at the time of handing over the same to the owner. So you can offer this to the owner.

6. If he is threatening you, then let him take legal steps. You can always defend the same legally. The owner cannot force you for something which is either unreasonable or illegal.

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

If the damage is done by you then you need to repair the same. If it was existing then it is his responsibility. Police can't do anything in this matter. Don't be worried.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

Hi

Since there is no rental agreement, your tenancy is month on month lease.

In a month on month lease, normal wear and tear is generally expected and these are to be borne by the owner.

Since you claim to have vacated the flat , it is now the owner who has to get the flat repaired at his cost.

In case you have not given the keys to the flat, you can

a) Refuse to hand over the keys till a No Objection certificate issued by the owner to you

OR

b) Refuse to even vacate the house and also file a suit for continued lease (this is what people do to harass land lords, if land lords act very smart with the tenant). In such an instance, the owner will have no other option to agree to your terms and beg you to vacate.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

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