• Landlord asking for 1 month rent as painting charges

We are vacating our 2bhk flat which we have been staying in for last 2 years. When we had moved in, it was freshly painted. Now the owner wants to deduct 1 month rent (~40k) as painting charges even though the condition of the flat is almost good as new. Our clause says that "painting charges are to be levied if the premise is subject to wear and tear beyond the accepted norms as determined by the lessor". 

Is there anything we can do about this?
Asked 1 year ago in Property Law
Religion: Hindu

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16 Answers

It depends on the terms of your agreement. If the same is not stated then he cant demand it. There is no law of painting charges

Prashant Nayak
Advocate, Mumbai
22404 Answers
49 Consultations

4.4 on 5.0

See he can't ask but if he deducts you need to self him legal notice and claim the same. Now the vlause say lessor means it's his discretion not yours. 

Prashant Nayak
Advocate, Mumbai
22404 Answers
49 Consultations

4.4 on 5.0

The tenant may only be required to paint or repair where the work is necessary because of damages for which the tenant is responsible. 

Mohammed Mujeeb
Advocate, Hyderabad
18911 Answers
11 Consultations

4.5 on 5.0

Ye ahe can ask for the amount as you stayed in the flat for a long time and the flat did suffer normal wear and tear.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Under the agreement it is for landlord to determine whether flat requires painting or not 

 

he can recover one month rentals as painting charges 

Ajay Sethi
Advocate, Mumbai
79244 Answers
4742 Consultations

5.0 on 5.0

You can object to levy of painting charges as painting has not peeled of and flat is in good condition but ultimately it is for landlord to decide as per clause in your agreement 

Ajay Sethi
Advocate, Mumbai
79244 Answers
4742 Consultations

5.0 on 5.0

1.  Typically the Flat Owner, does apply a fresh coat of Paint, before again Renting out his Flat to Tenants.  This is done every time.  However the painting liability is of the Land Lord, since it is his property and is is earning Rent out of the Rent Agreement.

2. HOWEVER, IF the Rent agreement states that Painting charges would be recovered from the Tenant, THEN it would be at the discretion of the Land Lord to define the "normal wear & tear)

3. You can circumvent or dispute the same, by offering to repaint and restore the painting at your costs instead of giving one months rent for a 2 BHK Flat.

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

You are bound by clauses of rent agreement even otherwise as per the practice availing in Bengaluru City a tenant has to give one month rent towards painting charges irrespective of the status of building.

Kishan Dutt Kalaskar
Advocate, Bangalore
5583 Answers
218 Consultations

4.8 on 5.0

Hello,

In this case, you can claim your deposit and it's your right. do one thing send a legal notice to your landlord and demand the deposited amount and tell him if he fails so you will file a criminal complaint against him.

Harshad Joshi
Advocate, Ahmedabad
10 Answers

Not rated

See if the condition of the flat is same and there is no wear and tear then the land lord cannot deduct the amount towards the painting charges, you can give owner notice for same and if on notice he fails you can file suit for the recovery of amount deducted illegally. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

See normal wear and tear is dullness or scratches or the paint is removed from some areas if same has no happened then you can seek amount back from the owner. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

Just is 2 years, if paint faded than that will be due to use of poor paint material, normal wear and tear is fine for whcih half can be paid but not full month. Still he dose not agree, ruin all the plaster.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

Yes as per your agreement with landlord he can ask for one month rent for painting charges.

You cannot deny paying the charges for painting to landlord as per your agreement with landlord. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

This is common among all the owners of the premises.

Moreover it has been one of the conditions in the lease agreement, and it is commonly prevalent in the entire city.

There is nothing that you can do about it at least not legally since you have agreed to the conditions while entering into this lease agreement.

T Kalaiselvan
Advocate, Vellore
69276 Answers
929 Consultations

5.0 on 5.0

Since he had let out the premises with full painting and othe repair works done.

He will need to repaint before letting it out on rent to an incumbent in your place hence you may not be able to agitate the same especially while having agreed to the conditions at the time of entry and agitating over it at the time of exit.

No legal remedy will be available for you on this.

 

T Kalaiselvan
Advocate, Vellore
69276 Answers
929 Consultations

5.0 on 5.0

Dear Sir,

Owner is wrong and he can not collect like this when one month notice is given to him. You consult an advocate and send a legal notice and you can recover this wrong deduction

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

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