• 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 1 year ago in Civil Law from Bangalore, Karnataka
1.Oflate it has become a nuisance with the building owners to demand tenants for cleaning & painting charges and such a thing had not existed in Bangalore earlier.
2.If you had agreed through an agreement then the condition has to be satisfied. If there no clause in the rental agreement, you need not pay the charges.
3.Normal wear & tear will definitely be there when people are living in the house and that can be compensated but not for the wooden railings and this demand is unreasonable from the landlord.
4.Do not pay for the wooden railings and towards any other damage which is not mentioned in the rental agreement in which the tenant and the landlord have both signed.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
1) emails are admissible in evidence 

2) clauses in agreement have to be perused as to your liability to make payment as per licensor demands 

3) if there is clause in agreement at time of vacating house you will have to pay painting charges you would be liable to pay the same 

4) Ordinary wear and tear means deterioration
that occurs without negligence, carelessness or
abuse of the premises, equipment, furnishings
or appliances by the tenant 

5)  you would be not liable for payment of damage to wooden railing caused by normal wear and tear . 


Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Hello,
1) The owner cannot charge you at will arbitrarily. You need to send him a legal notice demanding the return of the deposit amount in a stipulated time.

2) If the landlord fails to comply you will bed to approach the court for recovery of the deposit amount. The email communications and the rent agreement etc will aid as documentary evidence
Engage a local lawyer to help you.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi
1. if the owner is not paying you the deposit after deducting the reasonable charges , send him a legal notice file for  recovery ,
2. You can also file a police complaint regarding this.
3. You should get the help of an advocate fro that area, show the papers of the agreement, depending up on the clauses  of the agreement demand the deposit after the  rent  deductions .
4. Painting, normal wear and tear etc are the part of use and the owner has taken rent for that. 
5. If the fixtures are damaged due to the natural reasons of rain or any calamities the owner cannot recover it from the tenant.
5. while leaving the place refuse to part with the key if the amount you expect has not been paid , immediately send a legal notice demanding the amount before giving him a chance to send you a Notice.
6. Your  email communications are records which you can use as an evidence.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. you should not pay anything extra otherthan what have been mentioned in the tenancy agreement,

2.Damage in railing due to expoure to sun and rain is due to normal wear and tear for which you should not pay,

3.You can lodge a police complaint of cheating against the land lord,

4. You can also file a recovery suit claiming refund of the advance amount withinterest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Hi, this is common problem for all the tenants, owner wanted to make profits, thought tenant is liable to pay the painting charges and cleaning charges and damages caused by normal wear and tear but you are not liable to pay the damages caused to wooden railings.

2. It is better you can negotiate the matter with owner or else you have to issue a legal notice and demand for repayment of the amount which is actually you are entitled and if he does not pay the amount you have no option file a suit for recovery of the money.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. The charges which do not find a mention in the rent agreement cannot be claimed or enforced. 

2. You may refuse to pay the charges demanded by the owner. 

3. Email conversation can be used in the court. Whether it will be admitted or not will be decided by the court.

4. You may issue a lawyer's notice through your lawyer to the landlord seeking the refund of the security deposit, failing which you may go to court and claim the deposit along with compensation. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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