• Renewal of Leave and License agreement

I am tenant and renewing my previous 3 years L&L residential agreement for another 3 years. The landlord is increasing the rent by 28%. I am ok to pay the extra rent but the landlord is asking for:
1) Additional deposit. My first agreement was with 50k deposit now he is asking for 3 months deposit which is 5.4 Lacs. Can he increase the deposit in the renewal?
2) The ACs which were provided by the landlord and mentioned in the agreement are 8 years old and are not cooling like they used to. He is refusing to replace the ACs. My question is after how many years can tenant expect ACs to be replaced?
Asked 1 year ago in Property Law
Religion: Muslim

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4 Answers

Deposit can be increased only by mutual consent 

 

2) if AC are not providing cooling there may be some problem Dirty air filters are usually the most common problem that air conditioners face. Faulty motors are another common issue that air conditioners face and that can impact the cooling system

 

3) shift to another flat refuse to renew agreement 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

Dear Client,

1) Regarding the additional deposit, the landlord can request an increase in the security deposit as part of the renewal agreement. This is a matter of negotiation between the tenant and the landlord. If you find the increase to be excessive, you can negotiate for a lower amount or seek legal advice to ensure the demand is reasonable.

2) Concerning the AC units, there is no specific rule on how many years a landlord must replace appliances like ACs. Typically, the replacement would depend on the condition and functionality of the units. Since the ACs are 8 years old and not cooling effectively, you can negotiate with the landlord for their repair or replacement. If the landlord refuses, you may have to consider whether to accept this condition or look for other accommodations.

Anik Miu
Advocate, Bangalore
11023 Answers
125 Consultations

- As per the Maharashtra Rent Control Act 1999The landlord has the right to decide and increase rent at the rate of 4% every year.

1. Deposit can be only at the time of renting the property and not on every renewal

- He cannot increase the deposit in the renewal legally. 

2. If the facility of AC is a part of tenancy, then the tenant has right to repair the same and to deduct the expenditure from the rent. 

- If denied to change the AC , then you can refuse to pay the increase rent amount. 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

Generally the landlord cannot increase the deposit amount on his own will and wish especially at each and every renewal of agreement or enhancement of monthly rental amount. 

If the landlord declines to get the AC repaired then you can inform him in writing that you will deduct the repair charges from the rental amount. 

If the harassment continues then you may look for an alternative accommodation elsewhere. 

 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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