Hello,
yes you can take the deposit back Legally from the landlord. There is no law by means of which she can forfeit the advance paid or may force you to do something not mentioned in the contract
Being charged for major repairs
Hi, We have been living at this property for over 1.5 years now. It’s a 3bhk flat for which we have paid a 2.5L deposit and pay a monthly rental of Rs.36,000. The three of us plan to move out soon and so, as per our agreement, we have given a 30-day notice to the landlord. Our current contract states the lock-in period to be 3 months which has remained the same for the first two years. So, I have few concerns that need to be addressed. 1. One of our flatmates has found a replacement, so is there a law that states that the current contract becomes null and a new contract needs to be framed with whatsoever changes (e.g. change in lock-in period from 3 to 6 months) mid year? 2. There was no painting done to the house before we moved in. Although we agreed to normal wear and tear charges and have maintained the house in its best shape in the past 1.5 years, the landlord wants to charge us a full amount for “painting” before the new tenants move in. In landlord’s words, “Since the rent amount had not changed in the previous renewal,the new contract would have an increased rent by Rs.1500/month. I have included a point on painting as you will pay me for the same prior to signing the new contract so it won’t be charged again subject to th clause mentioned.” Is this even legal? We have tried negotiating terms verbally recently in her favour making sure we find a replacement before we move out but she seems to fleecing us of our money and refusing to pay back our deposit in full. Can this be handled legally in favour of all parties involved? Would appreciate your help with the same. They claim to know the law way too well given they have no background in it.
Asked 6 years ago in Property Law
Religion: Hindu
8 Answers
Can we terminate the contract without any hassles and expect to be charged fair only for basic wear and tear repairs as per the current contract and leave the premises? Can the landlord still hold our deposit and force us to find a replacement for this rental as we have signed no such thing in our current contract as she clearly mentioned that this contract was meant only for the three of us. How should we handle the termination? As per our contract, “The said security deposit shall be repaid by the lessor in 1 week of the lessor getting vacant possession of the said premises from the lessee pursuant to termination or earlier determination of the lease under this agreement provide the lessee has no dues payable to the lessor at the time of vacating the premises. The security deposit or any portion of it shall not be liable to be appropriated or adjusted towards any of the lease rentals or other dues during lessee’s occupation of the said premises.” The agreement also states that the landlord may accord us for any repairs that may have to be carried out if deemed fit on vacating the premises. But, given she hadn’t done any painting, can this charge be legally slapped upon us?
Asked 6 years ago
You have already served the notice. If she doesn’t refund the security then you may approach the police.
Regards
1) you should not agree to painting charges to be paid by you
2) if one of your flat mates leaves and agreement is in name of 3 tenants then fresh agreement would be necessary if another tenant comes in as replacement
3)if landlord refuses to return security deposit issue legal notice to landlord to return security deposit
terminate the contract by giving notice as per clauses in agreement
2) you cannot be forced to find a replacement
3) landlord is bound to return your security deposit
4) he cannot deduct painting charges
Dear Sir,
Get issue a legal notice and put your all conditions and ask return back the advance amount through post dated cheque. On receipt of such cheque you vacate the premises otherwise just lock it and never give possession to him. He cannot do anything.
Yes you are not liable to pay painting charges if not agreed in the agreement. Normal wear and tear will be borne by you. Secondly if rent increase is mentioned in the Agreement then you can pay the same if not then not liable
1. The replacement of a flatmate can be adjusted by the landlord since other flatmates continue to reside there, however it is his discretion, you cannot force him.
2. The painting charges are routine demand by the landlords everywhere hence you may have to see the possibilities as per the prevailing circumstances.
The lock in period conditions have been agreed between the parties, hence you cannot refuse to pay the lock in period rent amount now since you are vacating, try to solve the issue amicably as the landlord is having your deposit amount and it will take a very long time if you take it up legally through court of law etc.
You can terminate the contract or agreement by complying with the conditions of the agreement.
There is no necessity for you to find a replacement to occupy the premises in your place after you are leaving it.
The landlord canot demand that, it is illegal, she can only collect the dues that too as per the agreement only and not beyond that.
The other things like painting, minor repairs etc., are routine issues or demands made by almost all the landlords while the tenant vacates the premises, hence you may have very less grounds to argue about the painting charges since your deposit amount is held by them.