As you said major repairs are done by owners and minor by tenants or as per the terms of your agreement. Without authority he can't do such interior alterations and you are not liable to pay the same. You can evict him if he does such illegal conduct without your permission
Maintenance demands from tenants
Hello Sir, I have a tenant who is giving trouble at times. He changed tiles of the flat and added interior décor items. He didn't inform us before doing. Only on recent visit to the flat we found this out. He is demanding the expense cost from us for all this work. Now he asked us to change the toilet doors as they need maintenance. Kindly advise what maintenance work is required to be done from owner's side and which are to be taken care of by the tenant. In the agreement, it is mentioned that all maintenance inside the flat is tenant responsibility and major maintenance is owner responsibility. He pays rent with 10% increase every 2 years but no specific maintenance monthly. Kindly advise how to suitable deal in such a situation. Thank you for your time.
Asked 5 years ago in Property Law
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11 Answers
See since changing tiles and interior is major work but no authorisation or information is given you can deny to pay same and further if he fails to pay rent on your denial send him a eviction notice.
Landlord is not liable to pay major changes by tenant like bathroom accessories fixing,tiles fixing etc.
Permission required from owner.
Issue a legal Notice of eviction through an advocate.
Tenant cannot change floor tiles without your consent and ask you to pay for them
2) no need to change the toilet doors if they don’t need to replaced . Just repair them
3) you can terminate the agreement and ask tenant to vacate the premises
4) file eviction suit if he fails to vacate the premises
Both landlord and tenant are legally bound by the written rental agreement. Sharing of maintenance expenses shall have to be in accordance with the rental agreement. Convince your tenant by pointing out the relevant terms.
1. Since the tenanted property belongs to the Land Lord and not to the Tenant, IT is the landlord responsibility to maintain the property in good habitable condition.
2. Tenant has no authority to conduct any renovation /major repairs etc.... without the written consent of the landlord. Tenant could also damage the property for which the tenant is liable.
3. Under the circumstances, where the Tenant is a aggressive and arrogant /adamant type person, it will be better to remove the tenant and keep another humble tenant, by following due procedure of law.
The internal maintenance of the rented premises is the responsibility of the tenant.
The tenant cannot alter the structure of the building including replacing the tiles inside the house nor the door of the bathroom can be replaced as per his whims.
This can be a sufficient reason and ground to instruct the tenant to vacate the rented premises.
Moreover the tenant cannot demand for the expenses he incurred to which he neither sought permission nor had an authority to do it.
You can refuse his demands and instruct him to vacate or issue a legal notice to vacate the premises due to his illegal activities like changing or altering the structure without the permission of the landlord.
After that you can file an eviction suit in the court of law on the same grounds.
Dear client
If the tenant has not informed you about the upgrade or changing the appearance of wall then you are not liable to pay the expenses to him but you can go for mutual way for expenses as it is permanent change to your property and it is an upgrade.
And changing of doors comes under the maintenance payable by the owner as it is permanent fixture and he cannot take the doors with him While evacuation of flat. And small maintenance like electric wiring pipe fittings or water motor fan etc are responsibility of the tenant.
Without landlord permission, tenant cannot change tiles which changes the face of property and if so done, he only will bear the cost. Inside maintainance will also incurred by him in compliance of rent agreement.
Doors responsibility is of landlord if damaged in normal wear and tear. Rest for any damage caused due to improper use by tenant, he only will compensate or mend.
Changing of tiles in the flat, does not amount to major maintenance expenses.also there supposed to take your written consent before making any changes to your property.
You would only have to who pay the cost of the maintenance amount for major and essential amenities like water, electricity, piping, drainage etc.
If they're creating too much trouble you should consider serving the legal notice to them asking them to vacate the premises.
You are right that major repairs and any alterations to the structure of the building or assets are owners liability. What is the issue now?
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
