• Rental deposit

We have just moved into this apartment for which we are paying 45,000 rent and 2,00,000 deposit. 

House was given to us in a very bad condition. There were pigeon droppings everywhere and walls were covered with insects which still persist. 

Since the landlord stays out of country and his father through whome the deal was done, was very old so we couldn't insist on many things.

Now the landlord says don't nail the walls or put up any curtains. And if we do decorate the house we have to return the house in original condition, which is absolutely ridiculous. We are afraid he will put us under by 50,000 minimum. As per the agreement (which we amended several times), we will not be responsible for natural wear and tear and the house will be returned in similar or agreeable condition. 

We have spent all in all around 1,00,000 more just to clean and setup the premises to livable condition.

Please advice how to avoid getting into a mess at the end of the tenure.
Asked 2 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) have you taken photographs of the house at the time of taking house on rent ? The said photographs of the various rooms of the house should be signed by both the parties . It should bear the date of taking possession of the hous 

2) agreement should mention condition of the house at the time premises were given on rent as is evident from the photographs enclosed  to the agreement 

3) on expiryof your leave and licence agreement  take your security deposit before you hand over the keys and deliver vacant possession of the house 

4) in the event flat owner complains about the shoddy condition of the house photographs taken at time of taking premises on rent would bear testimony that no damage has been caused by you 
Ajay Sethi
Advocate, Mumbai
44215 Answers
2563 Consultations

5.0 on 5.0

1) if landlord refuses to return security deposit you can file summary suit under order Xxxvii of CPC for recovery of security deposit with interest 

2) during tenure of the agreement landlord can use the security deposit . He only had to return deposit on expiry of agreement 
Ajay Sethi
Advocate, Mumbai
44215 Answers
2563 Consultations

5.0 on 5.0

1. Once you enter into an agreement your rights flow out of the agreement alone. So if the agreement places an embargo on your right to put up curtains or nail the walls the default in compliance with this condition will make you liable for forfeiture of security deposit.

2. It is better to vacate such property in accordance with the agreement and look for a new one.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

If the landlord does not return the advantage money then you can file criminal case of cheating/criminal breach of trust.
Alternatively you can file civil suit for recovery of money.
Devajyoti Barman
Advocate, Kolkata
12502 Answers
160 Consultations

5.0 on 5.0

Since you have stated that you already possess the photographs of the condition of the house before entering into rental agreement, this will be an evidence in the litigation if at all the landlord prefers to do one against you or you may choose to go to court for the rental dispute. 
If the landlord denies or withholds a par of the security deposit without justifiable reason, you may initiate proper legal action against him seeking recovery with interest for the withheld amount. 

I read online that in some countried there is a law that landlord cannot earn interesr on deposit and if any interest is earned, it should be handed over to the tenant. Is there any such law in Maharastra /India? Can this point be contested if any issue occurs at the end of tenure. Would you suggest that we clarifying this point before hand?

There is no such provision in Indian laws hence do not break your head on the non-existent things. 
T Kalaiselvan
Advocate, Vellore
34383 Answers
368 Consultations

5.0 on 5.0

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