• Rental Property Dispute

Hi,
I, along with my friend rented a 2BHK flat in Gunjur Bangalore in August 2019. We paid a deposit of 70K. After living for approx. 6 months, we decided to vacate the property, so we informed the same to the owner. As per the agreement, there was cleaning and painting charges to be deducted from the deposit. We have been living in Bangalore from last 4-5 years and everytime upon vacating we paid around 7K to 8K for cleaning and painting charges. Some owner agreed on 1 month rent that is around 20K but depending on the condition of the house they just charged us 10K. Now the current property owner is charging us 26K fro cleaning and painting, we tried to negotiate but she didn't listen to us. We offered to get the cleaning and painting done from our end and share the bills with her but she is not listening. She has now threatened us with legal proceedings as well. We haven't done any damage to the property. Also the flat is newly built(6 months back) and is in excellent condition in no need of paint.
She is trying to scam us and charge us inappropriately. We want help of a lawyer just in case there is a legal proceedings and help to deal with this situation calmly.
Asked 4 years ago in Civil Law

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13 Answers

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Forward landlord quotation from 2 painters for painting the house to prove that landlord demand for painting charges of Rs 26 k is unreasonable 

 

2) amicable settlement is best option 

 

3) litigation is long drawn and expensive proposition and would be more than amount sought to be recovered from you 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7537 Consultations

5.0 on 5.0

In case you are facing any problem in the apartment then you have to take legal action and your tenancy is governed by the agreement you signed with the landlady depending upon the situation and the current market condition you are liable for the payment for the White wash in case you are facing any difficulty in getting the security deposit returned you can file a civil suit but I will advise you to settle the matter amicably because this will unnecessary involve your time and money in litigation

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

See if there is no damage and wear and tear the deduction is not required as per agreement.You can issue legal notice and can seek refund back if she fails you can file a suit for the refund of the amount.

See you can negotiate amount can share pictures with her then also if she does not agree initiate legal action.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file suit to recover the damages from her

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Hello, 

You do not have to wait for her to initiate legal proceeding. 

You can send a legal notice to her and then can file a complaint against her for blackmailing and threat. 

You do not have to worry, no legal wrong has been committed by you. 

You may send a legal notice to her at the earliest. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Under the garb of cleaning this is what most landlords do. Hence, tenant can set off the rent of last month from security deposit itself and get the premises cleaned from his end.

2. Click pictures of the premises immediately before vacating.

3. The landlord would be ill advises to go to civil court for 26000 as she will end up spending more than this.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

This is common. Many landlords created dispute during vacation of property and demands illegal amount taking advantage of situation.

No legal action except eviction suit, so better stop paying rent and issue notice for refund than only vacate the property.

Mention condition of house and offer cleaning and painting is require to be by you and Bill's will present to her.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You had a rent agreement with your landlord or not? If yes then did she mention all these facts in the agreement or not? If these are not mentioned then she cannot deduct any extra amount. You can send her a legal notice for recovery of balance amount of your security

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. She cannot file any suit for damage but for protection you can take pictures of flat while vacating. 

2. You can take refund she is giving you and then send legal notice for proper deduction of paint and cleaning charges.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

As standard practice the landlord must charge you One Month Rent towards painting and cleaning after a period of 11 months. Since in your case you are vacating within 6 months, the landlord is liable to deduct 15 days rent towards re-painting & cleaning charges.

If the landlord is taking this the legal way, then contact me for further assistance, which I will be glad to provide.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

She cannot take any legal action agaisnt you on this since she is having your deposit amount, she may deduct the said amount from that and would return you the balance.

However if you feel that the owner is demanding an exorbitant amount, you may issue a legal notice in this regard through a lawyer so that she will realise the gravity of her illegal demand.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Dear Sir,

The deposit only protects the landlord against damage not in the course of ordinary wear and tear. Usually leases should specify this clearly.

Infact,most people don't know but even painting under the Karnataka Rent Act constitutes structural repair and is the liability of the landlord to get the house repainted -unless the tenant has caused damage to it that's outside the scope of ordinary wear and tear.

I 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.

Don't let this go. The "letting it go"is the reason that unscrupulous landlords of this nature thrive in Bangalore.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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