1) painting costs are not covered unless there is clause to that effect in agreement
2) issue legal notice to landlord to refund f your deposit money
3) if he refuses file police complaint of cheating and criminal breach of trust against landlord
Return of advance amount
Hello lawyers, I was renting an apartment in Coimbatore. I did not have a legal agreement with the owner as he did not agree for it initially. I had a deposit of 85000 with him, which is now not being returned. He is stating painting costs and maintenance.. the house is around 1500 sqft. I stayed in the apartment for +2 years and have done all the maintenance as well without the owner paying a penny from his hand and no dues of rent/ maintenance.. the owner states that he also has not increased the rent and this was a favour towards me, but more or less this was a request from my side as I was not able to claim hra due to no lease agreement.. it is not about the money, but more or less on the legal aspect of returning advance amount to a tenant, hence the following queries I have. - should painting cost be paid by tenant? - I had to move to other country due to job purpose and the owner is not responding to my advance request. How can I claim it? - I was ready to pay owner an amount of 30000 towards any damages/painting, which he rejected stating that " I am not open for negotiation. I need the painting to be done, this is my rule, if you are not able to do it I will and return you the remaining amount"
Asked 3 years ago in Civil Law
10 Answers
Hi, you need to pay for painting charges there is no need you should paint your premises by yourself. Ask the owner to deduct paining charges and pay the balance amount. If he does not agreed for the same then first issued legal notice and then file a suit for recovery of money.
It is mandatory for the tenant to hand over the rented premises with fully inhabitable condition including painting and repairs of minor damages.
However the painting cost would not be to the extent of Rs. 85,000.
Alternately you undertake to get the work done by your side and ask him to return your deposit amount in full.
If he is not responding nor cooperates then you can issue a legal demand notice demanding the return of advance amount and pursue the matter legally subsequently.
- In the absence of agreement , the tenancy will be considered as month to month basis
- If you are not having agreement with the landlord at the time of depositing the advance amount, it means that there is no proof of payment with you.
- However, you can send him a legal notice for claiming the advance amount , and if no refund then in the absence of any documentary proof you cannot file a case against him.
Dear Client,
In the absence of a rent agreement, if any damage is done to the property the landlord cannot enforce the tenant to pay for the same.
You can file a police complaint for cheating and also file a civil suit for the recovery of money. If there is no acknowledgment from the owner that he has received the amount towards the advance payment of rent, it is futile for you to think to take action against the owner as in the absence of any acknowledgment he may say that you have repaid the amount which you have allegedly taken from him in the past. Therefore, if you have any evidence against him, you can proceed legally.
Thank You
As there is no lease agreement executed, landlord cannot retain any amount towards painting. Your best option is to issue a comprehensive lawyer's notice seeking return of advance with interest without disclosing any demand of application to advance towards painting. Let him issue reply to your notice, than you can file a complaint against him District Consumer Commission under new Consumer Protection Act, 2019 under which proceedings are very fast. You can execute a notarized GPA from abroad authorizing your friend/relative to file complaint against landlord. He can do all formalities on you behalf like engaging an advocate, filing of complaint etc.
For the sake of 85k less whatever you agreed don't waste time in court claiming the deposit. Beware of the legal fees!
G.RAJAGANAPATHY
HighCourt of Madras
As it is an oral tenancy, it will be his word against yours if you pursue legal action. Moreover, you need to move abroad on better prospects. In the circumstances, better negotiate with him and find an amicable settlement.
Owner appears to be crack
"This is my rule"
Who says that
You will have to file a money recovery suit to claim the deposit
If you have not yet handed over possession then do not return possession unless he returns your deposit
Inform him that you are not liable to pay any rent for the period after the date on which you terminate the contract, due to the illegal refusal of owner in returning your deposit
You need to file a civil suit no other remedy in the same
