• Deduction from rental deposit in Mumbai

Dear sir.I have given rent to my flat which is in Mumbai for 11 months.The agreement will finish on 28 feb 2016.The tenant give notice on 29 November that they will vacate the flat on 20 dec.There is no clause in agreement that how much amount to be deducted from deposits if they vacate early.I think it is 2 months notice period.So they give only 20 days notice period.So in the absence if any clause and in lieu of standard practice i am authorised to deduct 2 months rent from the deposit.kindly confirm and  kindly give your valuable advice.thanks
Asked 12 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
If there is no clause of deduction of deposit amount in the event of the early determination of rent agreement you are not authorised to deduct any amount.
If he leaves your flat , receive the possession and give it to rent to another person if you so wish. You can not penalise a tenant if no such clause is there in the rent agreement.
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
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Yes, you can deduct water bill amount and refuse to provide the repair Bill of tv.
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
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1) it is necessary to peruse leave and licence agreement entered into by you 

2)is any notice period specified in contract

3)  if notice period given is less than stipulated you can deduct  rentals for the shortfall from the security deposit 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
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you  should pay amount for repair of the LCD Tv as your contract is silent on said aspect 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
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you can deduct water bill charges from the security deposit 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
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Hi, Tenant has to give 2 months prior notice and they have not issued the 2 months prior notice so you can deduct the rent from the deposit  for two months and also deduct the water bill and charges from the deposit.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Dear Sir,

All the leave and licence agreement in the Maharashtra State are to be registered compulsorily, is the agreement registered? If yes then in case of no clause for notice period is mentioned you cannot compel him to pay or deduct any amount. It is surprising that the leave and license agreement is silent about the notice period for vacating the place and it is generally 1 month notice period for both the parties.

If the agreement is not registered then please take the possession of the house as peace fully as possible.

Does the agreement mention the terms and conditions for the use and maintenance of the LCD? if No then you have to pay the licensee only when he submits the actual bill of the repair.(Try negotiating this with the licensee with your agents help)

Yes the licensee has to pay the water bills and in case of his failure you may deduct that much amount from the deposit.

Advice: Please keep your agent Involved in the entire process till the licensee vacates the premises.
Shakila Shaikh
Advocate, Mira Road, Thane
6 Answers
0 Consultations
5.0 on 5.0
If the agreement does not provide for deduction of security deposit then the security deposit is to be refunded. The notice period is sacrosanct and has to be honoured by the tenant. So if the agreement mandates a 2 months notice before vacating then the failure of the tenant to honour it permits you to deduct 2 months rent from the security deposit. The water bill can also be deducted from sd.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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If there is no clause in the agreement about deduction of deposit in lieu of notice period, it will be illegal to deduct the amount from the security deposit. 
You may withhold a certain portion of amount from the deposit in the name of expenses for repairs and painting works and can settle the balance amount stating that the balance from the withheld amount shall be refunded after the expenses are met, if any.




Also i have given lcd tv for their use.it is in working condition when i given them.during this tenure the tv got problem and they repaired the tv.now they are asking me to pay the amount to me for repair.kindly advice
You do not have to pay anything for this because the television was handed over in a good condition to them, if they did not maintain it properly it was their responsibility to bear the repair expenses moreover it was they who utilised the services of the TV after getting it repaired, so their claim can be repudiated. 




In the same agreement there is a clause that they should pay the electric and water bill.they are paying electric bill but they have not paid water bill.can i deduct water bill from their depisit.thanks
You can very well deduct all the outstanding dues to be received from them including the yet to be received electricity bills  proportionately. 
T Kalaiselvan
Advocate, Vellore
13933 Answers
127 Consultations
5.0 on 5.0

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