Extra amount being asked to be cut from rental deposit
Hi,
I have been living in a 3BHK duplex near Murugeshpalya in Bangalore since two years. The rental deposit amounts to around 2 lakhs, which is shared among 4 people(2 * 60, 2 * 40). Prior to us, a few friends were living here, and when they left, the owner had mentioned that the amount that would be cut is around 18k which was around half of one month's rent, so we had also voluntarily contributed since we did not want to put the whole burden of the charges on our friends that time.
Now that we have lived here for two years and have served notice, the owner is coming up with ridiculous charges of cleaning and painting, and has asked for extra money. Additionally, there are wooden railings in the house. Because of intermittent rain in bangalore, they have gotten damaged. Now, the owner is saying that he will get it assessed and those charges will be in addition to the cleaning and re-painting charges.
What are my legal grounds here, as I think the owner just wants to mint money and is looking for frivolous reasons to get it, by hook or crook. As I still have a few days, I thought it was prudent to get legal advise on the same.
Damages and normal wear and tear are mentioned in the agreement. But in my opinion, the wooden railings do come under regular wear and tear. and it is not the tenants' responsibility to pay for the future of the house as it is owner's prerogative to get the house furnished as he wishes to.
Additionally, we all have a mail conversation and an agreement in mail from last year about an amount that was fixed to be returned to us, as one of my friends who left last year had similar problems with him, so we thought it prudent to get it confirmed on email. Will that be legally admissible?
Also, the tenants last year or the last to last year who are my acquaintances were not asked to pay for the money of wooden railings, so would it be justified on the owner's part to demand money for those repairs as there is no record of that data anywhere except a reference in the agreement for damages and wear and tear to the house etc.
Regards,
Paritosh
Asked 9 years ago in Civil Law