• Owner refuses to give full deposit on completion of L&L agreement

Hi,

I am staying at this premise since June, 2016 and will be closing my 2 year agreement by March, 2019. The owner has been a difficult one, she has been asking for maintainence cost for her appliances every three months inspite of no such mention in the agreement. In order to avoid constant harrassment on this, I have been obliging it.

However, now that the term is coming to an end, the owner is insisting to deduct similar maintainence amount not only for appliances but for repainting the house which has a basic wear and tear (mentioned to be ignored by both tenant and landlord in the agreement). She wishes to repaint the house to cover the wear and tear and has been refusing to return my deposit of ₹75,000.

Is there something I can do to help my situation? Or will I have to spend a huge amount of deduction for these unnecessary repairs like chipping of ceiling or crack in the external wall?

Do help me understand here.

Thanks,
Niharika
Asked 6 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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10 Answers

Landlords are not allowed to deduct from a security deposit for any items that suffer only normal wear-and-tear.

landlords could deduct from a security deposit, meaning that the damage went beyond normal wear-and-tear:

Excessive holes in walls from picture hangers

Broken tiles or fixtures in bathrooms

Stopped toilet due to misuse

Broken walls

Removing paint put up by tenant

Tears, holes or burn marks in carpets or curtains

Animal stains in the carpet caused by domestic animals or leaking fish tanks

Broken windows and window screens

Broken doors and locks

Appliances broken by negligence

Excessive filth in over or on stove by burners

Clogged drains from misuse or negligence

Broken or missing window blinds

Flea and pest extermination

Excessive mildew and mold in bathroom

Excessively filthy bathtub, shower, sink, mirrors or toilet. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

These repairs have to be done by the landlord so that the house remains in a condition which attracts tenants. This amount of maintenance and upkeep has to be spent by the landlord. She cannot bully you into paying the money. As your lease is completed and these conditions were not mentioned in the agreement inform her of the same and send her a  legal notice in case she deducts the money from your security.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

See if there is no damages done from your side and there is no such clause to deduct the painting charges then she cannot deduct the amount. You can serve her the notice to refund the amount, if on same she fails suit to recover the amount can be filed .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are not obligated to pay her for repainting charges it's her liability.

Prashant Nayak
Advocate, Mumbai
34521 Answers
249 Consultations

Issue legal notice to landlord to refund your security deposit 

 

2) if she refuses file summary suit to recover your money with interest 

 

3) landlord cannot deduct painting charges if there is no such clause in agreement 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Wear and tear is always excepted

If the contract doesn't say anything about painting of house at time of handover or paying of maintenance for the appliances, etc, then the licensee is not bound to pay

Its always better to vacate the house only upon simultaneously receiving the security deposit 

If owner refuses to refund the SD then licensee can refuse to give possession 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. The usual terms of an L&L Agreement is that the Tenant will return the house in its original state and not do any damages. This does not include routine wear & tear (like painting etc....).

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear client, 

She is taking undue advantage, neither you were liable to maintainance nor such amount.  Highest she could charge normal wear and tear if any while end of tenancy. But it will be tough for you as you can recover same by filling civil suit that will add litigation cost and time.

Stop paying rent and let the advance adjusted towards rent.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

In general, a tenant, while vacating the house, has to delver vacant possession in a properly maintained manner or to compensate for the repair and painting charges, it is common everywhere and cannot be disputed.

However if the landlord's demand is exorbitant, then the tenant can undertake to do it by himself and demand the landlord to return the entire advance amount without any deduction if you are taking care of the minor repairs as well. The wear and tear cannot be cited as a reason for not obliging for such maintenance works especially while vacating the premises.

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

Dear Sir,

Ordinary wear and tear cannot be deducted from the deposit. Ordinary wear and tear and replacement is covered as a part of your rent and the landlord is obliged to keep the premises in livable condition.

 The deposit only protects the landlord against damage not in the course of ordinary wear and tear. Usually leases should specify this clearly.

Infact,most people don't know but even painting under the Karnataka Rent Act constitutes structural repair and is the liability of the landlord to get the house repainted -unless the tenant has caused damage to it that's outside the scope of ordinary wear and tear. 

I would suggest you engage a lawyer and serve him a legal notice for recovery. The notice should detail the civil and criminal action (for cheating)that you will take against him should he fail to refund the amount within a fixed period. Typically the matter should resolve at this stage.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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