• Owner making changes in agreement maintenance charges related issue

I am the tenant. I live alone, female, pay 15000 per month. For the first year, there was no maintenance charges to be paid by the tenant. In second year’s agreement, the owner stealthily added a line in the agreement that maintenance charges will be paid by the tenant. By mistake, I signed the agreement because I was in a hurry that day. But there was never any talk about maintenance being paid by me. Although, there is a clear clause of maintenance in both fist and second agreement that the maintenance amount will be paid by the owner. Now, owner wants me to pay all the maintenance amount, which can make my monthly payment of the rent up to 20000+. The market value of the apartment is 14200 per month. What to do?
Asked 1 month ago in Property Law
Religion: Hindu

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31 Answers

You can give him notice of termination and terminate the agreement.you dont have to continue in such illegal circumstances

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

You should issue notice of termination of leave and licence agreement 

 

2) vacate the premises 

 

3)generally tenant is not required to pay society maintenance charges 

 

4) however if there is such a clause in your agreement you will have to pay 

Ajay Sethi
Advocate, Mumbai
76978 Answers
4621 Consultations

5.0 on 5.0

1. Since you are a signatory to the agreement executed in the second year you are now bound to honour the same.

2. Always read the agreement minutely before signing on the dotted line.

3. Talk to the landlord and ask him to revisit the maintenance charges.

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

You can file a complaint against the owner stating that the agreement that contains maintenance clause was got signed fraudulently from you.

Rahul Jatain
Advocate, Rohtak
4057 Answers
4 Consultations

4.9 on 5.0

1. An agreement based on mis representation of a material fact is void. 

2. In this case incorporation of a clause with additional burden of more than 5k in such a surreptitious way and without any prior discussion is gross misrepresentation of material fact.

3. So refuse to pay this additional burden by sending notice in writing. 

4. From next month pay only the rent for which you initially agreed to pay. 

Devajyoti Barman
Advocate, Kolkata
20788 Answers
296 Consultations

5.0 on 5.0

Madam,

Since there is an statement/clause of maintenance in the rent agreement, the owner/land lord may force you to pay the maintenance charges as per rent agreement. At this stage, you are suggested to bargain and go for the lesser amount.  

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

You can refuse to pay the maintenance charges and pay only the monthly rental amount alone. 

You can quote the relevant clause appearing in the rental agreement and refuse to pay the maintenance amount now charged additionally. 

You may either terminate the agreement for this unjustified reason or can issue a legal notice to the landlord about it instructing him to refrain from indulging in such an unfair trade practice and file an injunction suit against him to restrain him from forcibly evicting you from the rented premise other than by due process of law. 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

You can re negotiate with owner for agreement clause and make the new agreement. Otherwise tell owner you want to move our of the flat if locking period is not there. give him 1 or 2 months notice as per the agreement.

 

before entering into agreement one should have check all market value and other details. Plus does you rent agreement is registered with registrar.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

So far as because this agreement has been signed it is valued it is your responsibility while signing any documents to read it properly and understand since you have signed the document up to this period you are liable for this payment in case you are not happy with this agreement you need to speak to the landlord to change it as the previous agreement otherwise you have to exercise the exit clause and backward the property because it is creating undue financial stress.

Vimlesh Prasad Mishra
Advocate, Lucknow
6633 Answers
23 Consultations

4.9 on 5.0

1. It is standard practice that Society /Association's Service & Maintenance charges MUST be paid only by the Land Lord, more so since Tenant can ultimately stake claim on the property by virtue of his paying maintenance charges over and above the rent amount.

2. Landlord is entitled only to Rent amount and not Maintenance amount, which is legally established norm in Rent agreements. Apprehensively landlord is playing mischief on you.

2. You have no option buy to renegotiate the rent agreement  .OR.  think that rent amount is increased  .OR.  vacate and move elsewhere.

Hemant Agarwal
Advocate, Mumbai
4973 Answers
24 Consultations

5.0 on 5.0

Do one thing now you twist the matter to dilute your liability you may say that if the maintenance belong to the non-fixture then you will born the same and if it belong to the fixtures then owner has to take the liability in this way you relation will remain cordial with owner.

Koshal Kumar Vatsa
Advocate, Gurgaon
2071 Answers
1 Consultation

5.0 on 5.0

You have to pay this amount as a learning fees that I would not sign any document without going through its content and sign it hurriedly. In future keep the document for a day or two with you, go through the contents thoroughly.

However, you have two options:

1.  Contact a local lawyer and give him legal notice to the effect that he had taken the signature fraudulently whereas the liability to pay maintenance charges was that of the landlord.

2. Lodge a complaint with the police.

3. Stop paying rent until the agreement is corrected.

 

 

 

Dalip Singh
Advocate, New Delhi
750 Answers
12 Consultations

5.0 on 5.0

1. See you can give a notice to the owner asking him to pay or vacate the premises as owner has added the clause of maintenance legally he has ground to ask for maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25203 Answers
105 Consultations

5.0 on 5.0

The liability to pay maintenance charges depends on the terms of agreement between landlord and tenant. 

Devajyoti Barman
Advocate, Kolkata
20788 Answers
296 Consultations

5.0 on 5.0

Generally maintenance charges are to be paid by the tenant who is residing in the house.  However, sometime it is bifercated or sometime inclusive.   Agreement is on mutually agreed terms. Landlord takes the amount from the tenant and pay to the society/association by himself and it can be made directly to the society/association by the tenant in case there is tripartite agreement between landlord, tenant and society/association.

Dalip Singh
Advocate, New Delhi
750 Answers
12 Consultations

5.0 on 5.0

Owner has to pay maintenance charges 

 

2) if there is clause in your agreement that you will have to pay maintenance charges then it is binding upon you 

Ajay Sethi
Advocate, Mumbai
76978 Answers
4621 Consultations

5.0 on 5.0

1. Owner pays Service & Maintenance Charges of Property.

2. Tenant pays Rent /Lease amounts for property.

3. Refer: state Rent Control laws.

4. Rent /Lease amounts is not dependent on the Market valuations for private properties and is to be decided mutually between landlord & tenant.

Hemant Agarwal
Advocate, Mumbai
4973 Answers
24 Consultations

5.0 on 5.0

While performing agreement both the parties should accept the terms and conditions, so one of the party to responsibilities of maintenance its not fix to have law for maintenance that who is going to pay it. You can have a word with owner and negotiate again on rent agreement and perform new one or ask him that you are vacating the flat.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

This is up to parties to decide who will bear maintenance charges.  You cannot use excuse to over look MC clause  while executing agreement.

Well, you can decline straight that you were never agreed for MC and this MC clause was overlooked while executing lease deed.

Refer old agreements where you not accepted any MC and shall be borne by owner only. Repudiate MC clause

Yogendra Singh Rajawat
Advocate, Jaipur
20144 Answers
28 Consultations

4.5 on 5.0

- As per rule , the maintenance charges are paid by the tenant for using the services of the housing society , like housekeeping, landscaping, security, power-backup management, common area maintenance, sewage treatment, etc.

- Further, as the two agreement was not including this clause of payment of maintenance , hence there may be confusion for the same , and further at the time of changing the clause in the agreement , it was the duty of the owner to properly inform you for the same. 

- You should send a notice to the owner for breach of trust in the garb of rent agreement , and thereby refuse to pay the same on the ground of earlier agreement ,and finally you mention that you would be constrained to terminate the agreement due to the fault of owner. 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

Madam, 

It is suggested that there is no such specific law regarding the maintenance and it is generally paid by the user i.e. tenant  

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

Dear Ma'am,

Try to solve the issue outside the court by re-negotiating the terms. If he does not agree, you can issue a legal notice calling upon the owner to terminate the agreement on the ground of fraud. Give a notice period which covers your security deposit)  

If the security deposit is high (for eg. in Bangalore it is usually 10 months), the owner might refuse to refund security deposit. If that happens you'll have to take the matter to the courts. 

Coming to the legal position:

An agreement entered into through misrepresentation or fraud is voidable (capable of being put to an end by suffering party). So you are within your rights to terminate the contract.

According to the law regarding maintenance charges - It is the duty of the owner to pay the maintenance to the RWA or the Housing Society. If you default in paying maintenance, the RWA or society will demand it from the owner and not you.

HOWEVER, you need to understand that there is another collateral contract between owner and tenant according to which they mutually decide as to who pays the maintenance. According to this contract, the owner may pay maintenance (as was being done in your case earlier), it can be split by both. However, the general practice is that it is the tenant who pays the maintenance. So, if the tenant defaults, the RWA will recover it from owner and owner will recover it from the tenant. 

Hope this answer helps you.

Best wishes.   

Agam Sharma
Advocate, New Delhi
268 Answers
1 Consultation

5.0 on 5.0

The market valuation has nothing to with the maintenance or rental amount charged by the association or the landlord.

Once a flat is let out on rent, if there is no specific mention about inclusion of maintenance amount in the monthly rental amount, then the tenant need not pay the monthly maintenance amount.

There are various components of society maintenance charges and these include the following:

  • Service/Maintenance Fees- These fees are also called basic maintenance fees and are levied by cooperative housing societies for procuring multiple services. These are usually imposed on the per flat basis and individuals who own more than a single apartment in a society will have to pay these charges likewise. The amount collected under this head will be used for payment of salaries of personnel in the society office, administrative and technical staff members, etc. Other administrative expenditure covering auditing, stationary, phone and electricity bills for common areas will be paid through realization of these charges.
  • Building Repairs- Expenditure for repairs of buildings are mostly chargeable on a per sq. ft. basis for members. Calculations are made by the associations but should be 0.75% of construction costs of apartment units. These charges will cover expenses for maintenance and repairing of lifts as well.

In some flats maintenance charge is too high. The house owners don't explain that.

 However if the maintenance charges include, renovation reserve, parking (but you don't use the parking) , you may ask the flat owner to accept that portion of maintenance charges.

In a rented apartment, the tenant is liable to pay the maintenance charges as per the norms of the society. However, the developer or the society cannot charge different fee from owners and tenants. This is not legal.

 

 

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

1. Their is no law on same it is as per the agreement between you and the Owner , to society owner has to pay though if you have agreed he can recover same from tenant.

Shubham Jhajharia
Advocate, Ahmedabad
25203 Answers
105 Consultations

5.0 on 5.0

immediately, issue a notice of termination of agreement through an advocate.  

Mohammed Mujeeb
Advocate, Hyderabad
17332 Answers
11 Consultations

4.5 on 5.0

The maintenance is supposed to be paid by the owner but it's seen generally that owners charge this amount from the tenant itself clubbing it in the total monthly rent.hence the tenant doesn't get any separate maintenance receipt as the tenant is paying it on behalf of his owner.. 

Mohammed Mujeeb
Advocate, Hyderabad
17332 Answers
11 Consultations

4.5 on 5.0

It is tenant who is liable to pay the maintenance charges but it may vary as per agreement between tenant and the owner. 

Rahul Jatain
Advocate, Rohtak
4057 Answers
4 Consultations

4.9 on 5.0

Generally it's owner liability but it depends on understanding as per the agreement. If it's not included in rent then tenant has to pay and vice versa

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

1. Tenant who is living in the flat is liable to pay maintenance charges for consumption done by tenant that is electricity and water etc but it still depends on the agreement done between tenant and owner.

2. You can tell owner that you want to terminate the agreement and vacate the premises after notice period if he doesn't want to pay the maintenance himself 

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

You shouldn't pay the maintenance amount and if he threatens to take legal action then file a criminal complaint against him for forgery and fraud and criminal breach of trust.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

All things depend upon the agreement. Therefore that is relevant. But he took your signatures by cheating and that is prohibited.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

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