Don’t pay him any money
there is no agreement that you shall be liable to pay painting charges and other expenses
Rent apartment repairs
I had been living in an apartment for 8 years on rent. There was a registered agreement for first year, after that there is no agreement. I had given a deposit of 50k to landlord by check. Now i have left the flat, landlord is demanding repair charges from me. This include painting charges, some minor plumbing repairs, carpentary etc. I have not broken anything and all this is due to wear and tear. I have asked landlord to get these things done from the 50k deposit he had, but he is asking me to give 15k more in addition to giving 50k in cash. He said he will return me a check of 50k once i give him 65k cash. Please advice. firstly if all these should be beared by me? Even if yes, I am ok to give up my deposit but i think he is demanding too much money from me and asking me for cash seems something is fishy.
Asked 6 years ago in Property Law
Religion: Hindu
14 Answers
You aren't liable to bear these expenses. He's legally bound to return your deposit in Toto (which means full amount of RS 50,000; without any deductions), failing which you must sue him.
I'm prepared to handle your case.
Don`t give him any thing and also stop the payment of cheque. Normal wear and tear is not responsibility of tenant and owner have to maintain paint etc.
He is only fooling so that can collect 1.15 lacs or may he lost the cheque. Avoid him, nothing is payable.
In absence of any agreement between you and the landlord, you cannot be made to bear the repair as well as painting expenses. Landlord is legally bound to return the security deposit amount to you. You should not pay him anything at all.
You should serve a legal notice to your landlord asking him to repair the entire amount given to him as security deposit within 15 days of the receipt of the legal notice.
If he fails to do so, you can file a suit for recovery against him.it is a very good thing that the payment was made by you from your bank account for the security deposit and the same can be used as evidence in court.
In absence of any ongoing rent agreement, you are not responsible to bear the expenses as claimed by your landlord.
His demand seeking additional 15k from you is illegal.
1. This landlord is a cheat and do not give him any cheque or money at all.
2. First check whether there is any clause for his reimbursement of repairing job from your deposit or not.
3. If not then lodge a complaint of cheating with the local police. Without intervention of law this man is not going to return your money so easily.
You need not pay for wear and tear if minor things are to be repaired it had to be down by you. You don't have to pay additional.
See for normal bear ane tear you are not required to pay , you can ask your landlord to refund the amount back.
See he is demanding a lot of amount and same is not valid and legal, you just ask cheque back and give 10-15 cash if agrees.
Yes,
Instead of giving cash better to pay from online transfers.
1. normal wear and tear is not the liability of tenant
2. it is always excluded
3. if there is some major damage then only the owner can raise a demand
4. his demand seems to be illegal
5. do not pay him anything in cash
6. he already has your 50k - so no need to give anything more
Hello,
if there is no registered agreement then you are not bound to do so. After one year your tenancy converts to a month to month tenancy without any other obligations.
regards
You may have to bear the expenses for the damages that was in your wear and tear so far.
If he is demanding more then you may inform him that you will get them done by yourself, ask him to return the amount held in his deposit.
You may first assess the expenses that may incur for the reported damages and it it is worth saving at least half the amount then you get into the field and get it done by your own expenses otherwise you may inform the landlord to utilise the deposit amount and inform him to not demand more than what is held by him and you may also refuse to give him by cash any money.
He cannot do anything legally to you for your refusal to give him cash.
We 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.
Dear
Landlord is liable for the major repairs of the house and not the tenant.
Act also sets out exceptions to the repair duties where the landlord is not responsible:
- to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable but for an express covenant on his part,
- to rebuild or reinstate the premises in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident, or
- to keep in repair or maintain anything which the lessee is entitled to remove from the dwelling-house.
For above mention damage tenants is liable to pay the money.
But if he is demanding money for repairs other than these repairs you are not liable to pay the money.
So don't pay him extra money and also demand the remaining amount from deposit money after repairs.
