• Harassed by tenants. Want to safeguard my hard earned house

I had rented my apartment to 5 bachelors on 1/3/15 on the oral condition that they don't booze/ smoke inside the house. To my nightmare, apart from these 5 who were the only authorized tenants as per the rental agreement, there were 2 other men plus a girl who were living every time I visited (different men & girl each time! Saying they were their friends). I found that these people were consuming alcohol at all times in the day & the house stinks of nicotine even after they've vacated my house. Also the house was kept v.dirtily! I warned them that this kind of lifestyle was completely unacceptable - every time I visited them. I also warned them that they will have to pay a penalty if they continue this. After 11 months, I terminated the agreement & got them vacated. They had paid me an advance of 1.8L spread over a period of 4 months from the time of getting into agreement in mid Feb2015. I returned 1.24L at the time of vacating (29/2/16) & on 5/3/16, I gave back Rs.15,000. As per the agreement I cut 24,000 for painting  & cleaning. They are creating problem by harassing over the phone saying that I've to pay them the remaining Rs.17,000 (1.8L - 1.24L - 24k -15k), else they will take the legal course. I don't wish to return this amount b'cos of the horrible nightmare I had to experience due to their uncultured existence in my house b'cos of which my health was a victim. 
Since the house was maintained badly I've incurred expenses upto Rs.8,000 for replacing kitchen chimney, door lock, cupboards maintenance, bathroom fixtures replaced, since they had badly maintained all of these!! (I've not informed them of these expenses) I had to also spend my crunched precious time & energy on these activities, which is not accounted for. The remaining is another 9000, which I don't want to pay back for the mental torture I am living even now & lived through while they occupied my house plus they violated the written agreement as well as the oral agreement. (imagine a girl sleeping overnight in the house with 5-7 bachelors!!  When I confronted, they said, she was unwell & had to stay back!! Which decent boy/girl will sleepover occupaied by the other gender?? This has happened multiple times & they acknowledged at that time, but I’ve no photo of any of these activities) Kindly advise me urgently as to how I should proceed & handle them. I want to safeguard my hard earned  property & peace of mind.
Asked 9 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
1) it is extremely doubtful that for Rs 17000 they will take legal proceedings 

2)send an email justifying deduction made on account of poor maintenance of house during period of leave and licence agreement 

3) if you are threatened lodge police complaint of criminal intimidation under section 506 of IPC 
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
First and foremost you have reclaimed your tenanted property from them, in this regard you have repaid back the security deposit amount minus some deductions, which you are liable to do as per the agreement, damage, re-painting, restoration etc., this is lawful deductions. Therefore they cannot threaten you to repay the balance amount. If they continue to harass you lodge a police complaint against them at the police station. Before doing this warn them not to take this extreme step, thereafter proceed to lodge the complaint.
What you have endured till now is sufficient, you no longer have to be scared of them. Refuse to repay the balance at all costs.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
1) you have entered into agreement for leave and licence only 

2) on expiry of agreement they have vacated the premises 

3) flat cannot be placed on rent control  
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
Hi, they can't do anything now the premises are under your control so don't bother too much.

2. If they tried to harass you then lodge a police complaint against them. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. An oral agreement is no agreement. Even if there was a clause in the agreement which did not allow the tenants to invite another person to come and reside with them it could not operate to ban visits by their friends including girls and also staying back overnight. It is perfectly legal for them to have a girl sleep overnight in the property with them on the same bed. No provision of law has been violated. 

2. You can deduct the security deposit if the property has been damaged but an intimation to this regard should be given to the tenants through a legal notice.

3. A tenant cannot sub-lease a property without the consent of landlord unless contrary is stated in the lease deed.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
You should record their voice and show them that further sleep shall be taken on the basis of agreement. you have right to deduct that amount . They are. trying to recover that asmount either by hook or crook. you should file a complaint under Section 504| 506 |389 of IPC against them.
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
The deductions for painting and other damages is in general acceptable and cannot e disputed but an amount towards the mental stress is not reasonable and acceptable.  You cannot justify this before court when confronted with a case. If the tenants violated the conditions of rental agreement you could have evicted them for such violations but making an after thought action in the name of penalty for their acts during their stay do not justify your claim, so the choice is yours.  This 9000 is not going solve your financial problems instead it may bring more expenses to you in the form of litigation, so better understand the situation and take wise decisions at right time. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Can the tenants put a house on rent control of the government? I am concerned about it for my aptment.

No, they can approach court for fixing fair rent while they wree tenants and not now.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0