I made a contract with the landlord for Rs.36,500/- per month rent. Advance paid Rs.1,50,000/-. in March 2021. In April 2021, we entered the flat and stayed for one year and vacated on March 12,2022. Now the owner is saying he needs to deduct 32,000/- for his house interiors renovation + rent and maintenance for 7 days upto March 18th. Before I entered the house I.e in March 2021, I reported and documented neatly via email and watsapp images of Pre existing damages in the flat. The owner was informed clearly and we couldn’t find a solution to repair those existing repairs of broken doors, kitchen cabinets , non functioning flush tank etc. so I let it go because There was no solution without significant investment by the owner. Now after 1 year when I vacated the flat he is strangely telling me pay for the repairs of exactly those items I reported! I helped him for a new tenant for 40,000/- rent and also on goodwill basis left my geyser worth 11,000/- for the owner since he gave me the flat at that time. Now he says that he should have got easily 40,000/- and that I saved 3.5k rent per month it seems for 1 year by paying less than market value (strange since we signed the agreement for 36.5k mutually) and therefore he says it is very reasonable for me to pay for his expenses! Also he says owners generally don’t return advance as well. I left the flat with notice in writing to him in January 2022 that I will leave in mid March. Even though the new tenant after painting the flat moved within 5 days, the owner is saying he lost 5 days in rent and I should pay for 7 additional days of rent and mtc. it seems. All the time he is saying he is generous to give me something back from the advance. I feel cheated really for trusting him and also despite everything documented and with a legal agreement for rent. But to be fair on his part, he has paid for some Pre existing repairs And changes needed in the house from his side. But those were extremely necessary changes such as exhaust fans in the bathrooms (smelly bathrooms due to faulty drainage etc.) what can I do? I don’t want to unecesarily lose my hard earned money especially after paying him Rents on time and giving him my geyser (11k) and also paying for many small expenses from my pocket for his flat. I myself got many faulty wiring and drainage stuff repaired for him. Pls help. He lives in America and not in the country.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You don't have to give anything. Tell him to return your security deposit as the repairs which have to be done by him do not have anything to do with you.
If he doesn't relent send him a legal notice. Take your belongings with you which you left there.
You need to file civil suit to recover the said amount from him
You can ask for your geyser back which worth of 11k.
Check the terms and conditions of the rent agreement.
If you had specifically mentioned the repair and damage work to him then kindly notify him along with the dates.
In your case rent agreement terms and conditions are very important.
Terms of agreement are sacrosanct and binding on parties
landlord is bound to refund your advance money
if he fails to pay issue landlord legal notice to refund your advance
you can sue the landlord to recover your money with interest
You issue him a legal demand notice demanding the return of your advance amount held as deposit by him.
If he fails to comply with the demands made you may sue him by filing a money recovery suit to recover your deposit amount.
Dear Client,
As per the facts which have been provided, you can file a civil suit.
Thank You.
- As per law, both parties are bound to comply the terms & clauses mentioned in the lease agreement
- Hence, if such condition of charging for the interiors costs are not mentioned in the agreement then the landlord is under obligation to refund the advance paid by you.
- You can issue a demand legal notice to the landlord , and if no response then file a Recovery suit before the court.
Dear Sir,
- Though the property is in India then you can go ahead with filing the case against the owner
- You can also approach the police for cheating and threatening further.
Regards
Vivek Arya
