• Additional charges on rent and no proper resolution

Hello Sir/ Ma'am,

My concern is related to the property. I'm living on a rented property via a home rental platform. My experience with them is not good. They added additional/invalid charges on my monthly rent. I've been trying to reach out but didn't get any proper resolution. Whenever call they say we have updated the concerned team your issue will be fixed. No TAT No resolution to date. I've raised a service request which is more than 2 months old now. I've been mentally tortured form months because of this.

Let me quickly put up my issues which I'm facing:- 

1) Old tenant utility charges (with date) are added in my rent.

2) Suddenly caretaker charges are added in rent which is nowhere discussed on the agreement before.

3) Water charges are included in my rent. However, water charges are paid by all the tenants of the apartment to the caretaker each month( Because caretaker call the water tanker)

The mode of payment is automated and no manual intervention is required, If the bill is not paid on time late fee is added on next month's bill.

Fast forward... I lost my job and I couldn't pay for one month's rent because I don't have any money. After leaving the job I manage two pay two months' rent. Since I can't take up the pile of all the charges on me I decided to move out. As per the move out the policy I've given the prior notice of 10 days. 

4) Please let me know, as I've requested for a moveout request will late charges for the next 10 days be applicable. (Because they are charing)

5) Also, I didn't stay for 6 months in the property. An early termination fee is charged which is one month rent. Please tell if it is avoided under these circumstances. 

What could be the next course of action from my side?

Thanks in advance!!

Regards,
Adi
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

YOU are liable to pay only that rent which is fixed in the agreement. No additional charges applicable. Avoid the demand/refused straight. You cannot be evicted.  If already paid than deduct/adjust the additional amount in future rent.

Stop the payment, NO default committed or late fees payable for forced charges. 

Stop payign anything, nothing can be done against you.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You are not liable to pay old tenant utility charges 

 

2) not liable to pay caretaker charges as not provided in agreement 

 

3)Water charges are to be paid by landlord unless agreement provides tenant has to pay 

 

4) late charges would be payable for delay in rent payment 

 

5) you can seek waiver of termination charges as you have been charged old utility charges , caretaker charges 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to serve a legal notice for the same and ask for waiver of the charges which are not included in the rent agreement.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

4. Yes. 

5. You can adjust the charges and abide the terms of the agreement if any

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Hi,you can provide a move out notice and can vacate the property without paying any extra charges 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

For all the charges that are not mentioned in the agreement and they are charging than send them both, the home renting platform and the landlord, a legal notice.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hi, this is nothing but a fraud, first you have to lodge police complaint against them, don't pay any amount. Nothing will happen.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Your tenancy is governed by your rental agreement and if there is no mention on any other incidental charges the customary charges are payable only and I think the charges for the care taker is paid by all the tenants to get the water and security and other miscellaneous services which is provided by the caretaker itself rest of the things are there standard operational policy of the organisation from whom you have taken the pay my son rent and they must have been taken any undertaking in this regard from you if you think that nothing has been taken from you in writing and it is access charge and there is shortage in service then you can approach to to consumer forum in this regard and lodge your complaint to recover the amount paid as additional service amount along with interest legal charges and compensation

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. Events mentioned by you are against the provisions of the Contract Act.

2. You have an positive option to file a grievance petition against the property co., in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest for your physical & mental trauma.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. It is illegal to add the previous tenant's unpaid utility bill to your monthly rental bill.

You can object to that and withhold the payment of entire rental bill for want of clarification in this regard and be firm to refuse to pay a third person's charges that are levied on you which is against the law as well as against natural  justice.

2. If there is no clause towards any charges to be paid to the caretaker in the rental agreement then you can refuse to pay the same and can question their legality towards this claim.

3. If you are paying the water charges to the caretaker separately, then you can object to this charges as well and refuse to pay.

4. You may vacate the premise observing the conditions  as per the agreement, they cannot stop you from doing this.

5. You go through the rental agreement clause once more properly and confirm if there is no such clause present in the agreement, if yes, then you can refuse to pay  and can issue a  legal notice venting out all your grievances, with instructions to clear all those unjustified and illegal claims made against you and to relieve you to enable you to deliver vacant possession of the premise as per the date given in your notice. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

you are not responsible for any debts left behind from previous tenant. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You are not liable to pay the utility charges of the previous tenant.

2. Your liability is to pay only the rental and any other charges mentioned in the rent agreement signed by you.

3. Don't pay anything else.

4. Unless the rent agreement is perused it is not possible to state what you are liable to pay.

5. Consult a lawyer with a copy of rent agreement.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Send a legal notice to rental platform for adding invalid charges like previous bill and water charges which they are not providing.

2. Also claim recovery of extra amount paid and compensation for harassment and agony suffered as well as cancellation of agreement and vacating the premises.

3. File consumer case against rental platform. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

I don't understand what kind of thing they are running wherein they are charging for everything you do or don't. Well you shouldn't pay for anything. Just move out. This is plain harassment. You should file a case in the consumer forum.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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