No rental agreement provided
I took a house on rent last year. While shifting the care taker told me that the house has 24/7 power backup and water supply. just that the generator will be installed in coming month. i asked her to mention the about power back in rental agrerment as she agreed on it verbally. But she didnt give me the agreement. Even after 8 months the generator was not installed. When I enquired she asked to vacate the house, if i have any problem. I stopped paying rent and asked her to adjust it against the security deposit. Now recently she has been asking for more money to get the house painted (rs 12k, almost 20 days rent).
My question is that without any rental agreement, does she has any rights to demand money from me? Anyways I want to vacate this place in next 2 weeks.
Asked in Property Law from Hyderabad, Telangana
1) there is no rental agreement signed with the licensor for taking premises on leave and licence
2) vacate the house and after rentals are adjusted against security deposit
3) since you have not signed any agreement wherein there is a clause that you have to pay for painting the house on vacating the premises you are not bound to pay Rs 12000 demanded by the licensor
1. DO not make such payments as making upkeep of the house primarily rests on landlord.
2. Since there was breach of verbal agreement of power back to be provided by the landlord, you can adjust the security deposit with the arrears rent.
It is not clear whether you signed the rental agreement with her or not. Or do you mean that she did not give you a copy of the signed rental agreement with her?
In the scenario, that you have not signed any rental agreement wherein a specific clause is provided for payment of wear and tear, then you are not liable to pay any amount for whatever reason is asked. Give her an intimation that you are vacating the house and whatever claim is to be made, you deduct from the security amount and refund the rest. you are not liable to make any payments.
Without any rental agreement how did you stay in the house as a tenant?, how did you pay the advance amount?, how did you ask the landlord to adjust the balance of rental amount from the advance amount?
If you are intending to pursue legal action on this, you may have to answer all these questions and you will be in a soup. Instead, better negotiate the amount demanded and uit the place peacefully than to be agitated over silly issues.
1. Did you sign the rental agreement? Without getting a copy of the agreement you should not have taken the house on rent.
2. If the rent agreement has expired and has not been renewed you are obligated to vacate the house. If a lock in period has been mentioned in the agreement you cannot vacate earlier than the expiry of the lock in period, failing which the penalty may be imposed in accordance with the agreement.
3. The refund of security deposit is governed by the refund clause incorporated in the agreement. If the caretaker does not abide by the clause then issue him a lawyer's notice.
A. How much security deposit did you pay? Have you paid the Security Deposit through cash or cheque?
B. In the absence of the lease or Rent agreement that the landlord cannot insist particular amount towards the rent or painting expenses.
C. Issue a legal notice by explaining all the facts (whatever the non compliance of promise at the time of handovering premises) and mentioning the paid security deposit and claim the amount by giving 15 day's time.