We had given a chawl first floor 1 BHK in mumbai andheri, to a cousin without any agreement, during the flood of 2006 , his place of living was unhabitable. We did not hold any Deposit as they were relative, With very minimal rent of 5000, compare to market rent of 12000, on a Help basis. They stayed 12 years. They use to pay rent once in 5 month , for 5 month .. Recently Last year , rent was increased to 10000, where as market rent was 14000. At the time of vacating, Tenant are deducting Painting Job charge of 21000, which was done 9 year ago, Paid by tenant. Permission to paint was given by Landlord (my Dad). But never mentioned that it had to be deducted from rent or that landlord will have to pay painting job charges. Painting job was paid by tenant. Also they are deducting Water connection and motor charges of 14000 now, done 8 year ago There was no mention of these amount in last 8 years..But Suddenly Now at the time of vacation after 12 years, they are deducting 21000 + 14000 from the last 5 month pending rent total of 50000. (1) Is this legal for not paying the due rent (2) Was that paint job landlords Responsibility. or was it Tenants choice ? (3) Was that water connection and motor charges landlords Responsibility. or was it Tenants choice ? (4) what can be done to recoup our Rent. Now the cousin has vacated the place, we did not had security deposit.
you have not entered into agreement with the tenant
2) there is no agrement mentioning rent payable by them
3) water charges and motor charges have to be paid by you
4) since there was no agreement you are not liable to pay painting charges
5) tenant was liable to pay rent agreed upon
6) you are lucky that your relative vacated your premises
7) don’t take any legal proceedings to recover painting charges as legal fees would be more than amount sought to be recovered
It is difficult to prove your case based on an oral agreement. Your dad give the premises on a humanitarian consideration basis to your cousin. Normally tenant was liable to pay rent agreed upon by the terms of the agreement. And they had to paid the water and electricity fee. Any way the vacating the room and you can rent it out the same to other tenant. You can ask the rent arrears and illegal deductions of painting charges by sending legal notice to them.
1. Painting charges do not constitute basic necessities, hence unless there is anything to the contrary in the agreement the tenant cannot deduct it from the rent. However, in the absence of a rent agreement you are without an efficacious remedy against the tenant.
2. Water and electricity charges of the rented premises is the responsibility of the tenant alone.
3. You are free to file a suit for recovery of money with interest against the tenant, but in the absence of a rent agreement it will be difficult to prove the landord-tenant relationship in the first place and consequent amount which the tenant was liable to pay you.
1. The due amount in total had to be paid by the tenant to the landlord. Since there was no rental agreement between the tenant and the landlord and moreover the tenant being your relative, hehas taken undue advantage of the situation.
2. Since the tenant had occupied it for a long period of 12 years, it is the responsibility of the tenant for the painting job.
3. Regarding water connection and motor charges, if the tenant has spent money for procuring water connection and if a new motor was bought by the tenant, then the cost for the same has to be borne by the landlord, subject to the water connection and motor are still intact.
4. To get back the due rent amount, take help from elders of both tenant and landlord's families and apprise them of the amount due from the tenant. If it doesn't bear fruit, send a legal notice to the client for the amount due.
1. They now cannot deduct these charges and need to pay complete rent.
Legally he should pay the rent.
2. See it is based on mutual agreement if they paid for same and there was no demand for same then now you are not liable to pay
3. Same as 2.
4. Issue a legal notice to tenant demanding the due rent if they fail file a recovery summary suit.
1. Illegal
2. At time of vacating, landlord can deduct pain charges from SD
3. Water connection - landlord responsibility. Motor - tenant duty. Tenant can take back his motor
4. Very difficult to recover rent. Its good atleast you got possession. In many cases tenants illegally squat on the premises and dont budge. You are quite lucky. Henceforth dont give your premises to anybody without a proper agreement
1. The charges for minor repairs and painting expenses can be deducted from the advance amount, there's no legal infirmity in it.
2. The rented premises was handed over with fully painted condition at the time of getting into the tenancy, hence the charges for painting expenses deducted by the landlord is justified.
3. It is the utility, rather utilisation of the amenities by the tenant hence he is liable to pay.
4. It depends on the circumstances prevailing at your end.
hello
there was no formal rent agreement, therefore the rent was paid irregularly. they also enjoyed the benefits of a low rent as compared to the market rate. at the time of vacating, they are deducting all sorts of expenditure they made for the upkeep of the house. ordinarily, the landlord pays for all these things but in their case, they lived and enjoyed the house at a very low rent and hence should feel some gratitude towards you which they do not.
therefore remind them of all these things and they should pay for the paint job and other things as they saved a lot of rent over the years.
regards
1) As there is no legal rent agreement between you and your cousin, so it's now very hard to collect or recover the amount from him.
2) Try to get this amount from him by mutual understanding and by friendly family talk.
3) You have to tell him that you and your father had provided them a shelter in their bad time with minimum costing of Rs.5K p.m. as rent without any deposit if your father had given to any other a property on rent it would cost 12K and recently 14K, tell him that you are ready to deduct the amount of 35K from rent amount. but you have to deduct this 35K from after calculating difference amount till that i.e. 7K+4K p.m. calculate this period and deduct the amount and ask the balance amount from him.
There is no hard and fast liability. It depends on what you agree. If you agree for painting or other charges to be borne by you then it's your liability else no. It totally depends on terms mutually decided. Now once he has vacated you can only file civil suit against him.
Dear Sir
It is illegal. you can recover the same by issuing a legal notice followed by suit for recovery of money. All monetary claims expires if not claimed within three years.
1) if it is mentioned in agreement then tenant can deduct the painting charges.
2) If it is specifically mentioned in your agreement of tenancy then the tenant has to pay the respective charges which are agreed upon in the agreement.
3) landlords are responsible for water connection but motor responsibility goes to tenant.its depend on mutual understanding.
4) you can issue a legal notice through an advocate and you can file a case before civil court for recovery of amount.
1. You have not entered in to any agreement before giving your said premises on rent for which your cousin is taking advantage to dupe you of your legitimate cxlaim of rent.
2. It is generally mentioned in the concerned agreement well in advance as to who shall have to bear the expenses for the wall painting. In most of the places, the land lord paints thye walls afresh before e new tenant is introduced thougfh there is no hard and fast rule specifying who should bear the said exp[enses.
3. It all depends on the terms mentioned in the Tenancy Agreement. Normally the land lord shall incxur the expenses for the motor and also foir the water connection since no tenant can stay without water connection and the associated motor.
4. The most prudentb step on your part shall be to forget the matter since the legal expenses to be incurred by you to recover the dues will be much more than the dues itself. However, it has given a lesson to you for which you should have a well prepared agreeemnt ready for signing by your next tenant covering all these points.
Since there is no rent agreement in place, there is no definite answer to your queries. The very reason a rent agreement is signed is to affix all these liabilities, wherein it is pre-decided as to what liabilities are to be borne by the landlord and what responsibilities are to be borne by the tenant. Since in the present situation there is no rent agreement, you may disown these liabilities and insist for payment of the pending rent.
In a normal rental agreement it is on the part of the landlord to maintain the property and made it inhabitable as you you have not provided any of the services and continuously received the rent it was your responsibility to do so. Both of you should be agree to the amounts in this regard instead of getting into any dispute which may create problem to both the parties Especially to you
It is illegal to stay in a property without paying rent but in the absence of any written agreement between the parties it is very difficult to claim such amounts buy filing a complaint in any Court of law.
The responsibility of bearing the expenses Borne towards maintenance of the property are usually mentioned in the rent agreement but in absence of that, tenant would be have to bear the expenses, as the same was not done after taking any written authority from the landlord.
Nothing can be done to recoup of rent now. You can only send a legal notice to your cousin asking him to pay the arrears of rent along with interest.
1. The Land-Lord is absolutely responsible and liable for all Maintenance of his Property which was given to the Tenant. This is more so since the Land-Lord benefits to the entire extent of the Maintained property, after the tenant has vacated the property.
2. The above is subject to any adverse clause in the Tenancy agreement, which could mention that Tenant is liable for all tenable maintenance (which is not usual in India)
Keep Smiling .... Hemant Agarwal
