1. As per rent agreement the lock-in period was 6 months. I have given notice after 6 months are over (shifting to another area in city because of job change) 2. The house was painted just before we moved in. We have no kids. There is virtually no damage to the paint. 3. The rent agreement (which was notarised) said that painting charges would be deducted from security deposit while vacating. But the exact amount is not mentioned. rent agreement says - "The said deposit (Rs. 2 lac) shall be returned to the Licensee upon their handing over the vacant and peaceful possession of the said premises with all furniture, fixtures and fittings (as mentioned in Schedule B below), in good and in serviceable conditions as they was at the time of taking possession and settlement of outstanding dues in respect of said premises by the Licensee and after deducting for painting and cleaning charges. " 4. Now, the landlord is asking for entire month's rent (Rs. 30,000) as painting charges. This is very excessive. What are my legal options to avoid this much charges? What if owner is adamant that he will deduct these charges?
Ask him to provide bill of painting, secondly the agreement executed is faulty, paint charges are bearable by landlord.
First recover as much amount you can than issue legal notice for refund of 30k as deducted illegally and without proof of expanse incurred on painting.
you can serve a letter to the landlord stating that you would get the painting done at your own cost if you do want to pay Rupees 30,000 to him. The amount charged by the landlord is a little high. After that, you can take the entire security deposit from him after showing receipt of payment of electricity and water charges till the date of vacation.
Firstly, take back 1.70 lakh towards security deposit and receipt for Rs.30,000/- towards deduction for painting charges. Leave the property. After that send him legal notice to the effect that there is no mention of deduction of one month rent in rent agreement (if possible, take original rent agreement with you), the actual painting charges works out to be Rs......., return Rs........ Excessively charged by you. Evidence for actually painting charges may be obtained from painter.
The terms of contract are sacrosanct
You are liable to pay painting charges
3) if you fee charges are excessive get a quote from another contractor who will paint at lower rates
See you can give a legal notice stating that no damage is.caused to the property and he is charging the amount illegal in case he does not agree just take.the amount he is giving and file suit for recovery of the amount.
Dear Sir,
First receive the balance of Rs.1,30,000/- under protest then file a recovery suit for Rs.5 lakhs saying that you are mentally depressed and financially incurred loss. You will win. You must teach him a lesson. Normally once in three years such painting charges will be levied as per prevailing practice in Bengaluru City.
You can object to it. And ask him that you will get it painted in less amount. Otherwise you need to challenge the same in civil court
your landlord has a clause which states that the landlord shall deduct the amount for painting at the time of vacating the premises. If there is no such clause then he is not entitled to cut this amount.
You can send him legal notice and give reference of agreement clause which you have mentioned above and underline "in good and in serviceable conditions as they was at the time of taking possession".
If the paint conditions is good than no need to repaint again plus it's not used more than 6 months.
Thanks all for advice. One follow-up question, if you could answer. 1. There is no damage to the paint on walls. The flat goods almost as good as newly painted (6 month old paint of good quality) 2. I suggested to landlord that I could split the repainting cost 50%- 50% with any new tenant [ If the new tenant does not ask for repainting whole house ] 3. Landlord says that if the house is not repainted, the new tenant will not pay me painting charges when they move out. What shall I do? Do I have to pay entire painting charges even if landlord does not get it repainted?
You have to pay painting charges only if house is being painted
If painting is in good condition no need to get it repainted
But you have agreed in agreement to bear paint expanses. Question of Wear and tear dose not arise. Ask him to provide painting bill.
You can object to the same. If the said clause is not in the agreement you dont have to pay it. Actually owner bears the painting charges as he takes rent
Since there was a mention about deduction towards painting charges at the time vacating and handing over vacant possession, you cannot avoid this payment.
You may negotiate the amount to some extent if the owner agrees for that or else you have no option because legally you may not be able to initiate any action on this owing to the agreed conditions.
You cannot fight it out through court or any legal forum for this, that will turn out too costly i.e.,at least twice the cost that is demanded by the landlord if you try to take it up legally.
Hence if negotiation fails, better decide it wisely.
Dear
As per your agreement you are liable to pay the painting charges but generally landlord is responsible to pay the charges for permanent maintenance.
you should take a chance - collect 1.7 lacs as refund after that issue him a legal notice for providing the bills of 30000 or refund the money.
1. See if there is no damage he cannot illegally ask for same therefore you can contest and can ask for the complete amount back.