• Landlord not communicating

We registered leave & license agreement for a 1 BHK in Andheri West for a period of 2 years (22 months). From the 2 nod month itself (May) there was heavy leakage from the walls, ceiling in the bedroom, living room, kitchen, toilet and bathroom. 

This not only caused major issues besides expenses of daily cleaning of seating water but also health issues to our 4 year old son due to excess moisture in the bedroom and entir house. We highlighted this in the 2 no month itself but the landlord has been ignoring our calls, calls from our broker. We have sent messages, WhatsApp messages & tried to make the landlord understand. However the landlord is blaming other society members and finding reasons to resolve this issue. Finally in the month of August I along with the broker went to the landlords house to come to an conclusion. We verbally agreed to pay a reduced rent amount to which he agreed however there has been no response to the request of making changes to the original agreement. As per the instructions of the broker, we have not deposited the rent for August & September. But now it's nearing October and still there is no response from landlord. Am worried that the landlord may create issues at the time of returning the deposit taking advantage if the penalty clause. Kindly suggest what should we do
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

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14 Answers

it is necessary to peruse agreement signed by you

2) you can adjust security deposit against the rentals then issue one month notice and terminate the agreement

3) request landlord to take inspection of the flat .

4) vacate the premises

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. At the time being send a forma notice drafted by you to the landlord and also to society;

2. Tell the society chairman and secretary if the landlord does not do the repairs, irreparable damages is being done to the structure of the building;

3. If he still does not listen then send a legal notice to him;

4. As per the Maharashtra Rent Control Act, it is the responsibility of the Landlord;

5. Though the tenant can also carry out the repairs and seek reimbursement from the landlord;

6. So consult a local lawyer and take legal action as and when required.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

if landlord ignored your request,

issue a legal notice through lawyer to landlord .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. It is the duty of the landlord to keep the house in proper order so the tenant can stay without any hassles or disturbance.

2. So it is the duty of the landlord to seal the roof so no water leaking is done anymore.

3. If the landlord refuses to do so as it appears in your case then you can make the necessary repairment and adjust the expenses with the rent to be paid to the landlord.

4. This is permissible under law.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear client ,

Infomr the situation along pics to LL via registred mail and how many times you have asked him for mend and repairs but ignored by him and getting it mend by yourself and expanses incurred shall be deducted from rent or send legal notice.

No need for amendment in agreement , no defualt impute on you after this.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. A proper Legal Notice needs to be served to the Land-Lord and the Society, for the leakages. The legal notice will be a documentary evidence against the Land-Lord, against any futuristic probable disputes.

2. IF the leakages are emanating from above floors, send make complaint to BMC and create documentary records for future.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Did you make your grievances in writing.

Did you inform the landlord that you will make the repairs at your cost and then deduct the same from monthly rent.

You should create evidence for all these so that you can initiate proper legal action on this at a later stage.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

i am very surprised by your query

on one hand you say that the heavy seepage in the premises has resulted in health issues for your 4 yr old son

and on other hand you go to landlord and have the rent reduced and are also ready to continue to occupy the premises

if landlord has agreed on the reduced rent then you can simply transfer that amount by online bank transfer to show that you have complied with your part of agreement

also address a letter or email to him informing that the rent amount as agreed is transferred

this will save you from any termination action or invocation of penalty by the landlord

may be the suggestion is not helpful to you

but withholding the rent on the advice of the broker will not serve you any purpose

if the landlord is not responding then you must record the oral agreement on reduced rent by a letter or an email

and thereafter make the payment to show your bonafides

rent can be paid either by bank transfer or by money order

there is no other way out

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Hi,

You are suggested to put everything in writing and send him a legal notice to perform his part of work. If he is not listening then also, file the case.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

You have been communicating regularly with the landlord and hence you do not have to worry.

I would advise you to not deposit the rent and equate the non payment to the security deposit and then serve a notice and leave the premises.

There is no point in inviting legal hurdles, as the land lord does not seems to be cooperative.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can issue a notice about vacating the property in advance, and may inform the landlord for adjusting to the security deposit held by the landlord towards the rent for the notice period.

If you have communicated your decision properly then the penalty clause will not attract.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

As mentioned earlier it is necessary to peruse the rental agreement entered into by you

If there is penalty clause landlord can claim penalty for delayed payment of rent

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Intimate LL than proceed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Send a Notice to him beforehand, saying that non communication is there on your part and as such you are not a situation to enforce such term of agreement later, kindly contact within 7 days to settle the situation mutually.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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