I took an flat on rent; the agreement starting from 12th July, 2013; for a period of 11 months.
It was agreed by both the parties that notice period of 1 month to be given in written and rent of 1 month to be deducted from security deposit while vacating the flat.
Current situation - We continued living there till 30th June 2014. Thus making it 11 months and 18 days. But our owner is deducting 1 month of rent for painting charges as well as 15 days rent as we didn't give notice period. I think the agreement is terminated by efflux of time and we should not give the extra 15 days rent.
Also, what if we have paid entire 30 days rent of June 2014 month also. Should the owner deduct any amount from security deposit?
What are the legal steps that can be taken by us as tenants to prevent such injustice.
Asked in Property Law from Bangalore, Karnataka
You can ask him to give your security deposit back first in good terms.since you are to give notice and you didn't give you need to pay 15 days rent only and not more. In case of painting charges etc you need to pay as mentioned in agreement.if not written don't pay. Issue a legal notice and then file a case for getting back your amount and a criminal case for the same.
Hi, you to request him we have already informed you and take standard deduction in paintings and don't deduct for notice period if you go on for legally you can't get money and it will take time.
1) no flat owner ie licensor should not deduct any amount towards security deposit .
2)the agreement entered into in July 2013 was for 11 months only . it expires in June 2014 . you have paid rent for full moth of June 204 although your agreement expired on 11th June 2014 .
3) the one month notice period would be applicable if you terminate agreement during the license period .
4)licensor cannot deduct any charges towards painting unless provided in agreement
5)you are entitled to full return of your security deposit .
6) contact a local lawyer . it is necessary to go through clauses in your agreement to further advice .
7) you can issue legal notice for return of your security deposit . file summary suit in case licensor refuses to pay
No notice is required as it was expired as per the agreement 11 months. since you overstayed 18 days you are supposed to be charged only 18 days as it is not in the middle of the month, he can get another rent payer in the first of the month of august , so no loss of rent.
If there was no clause included no need to pay for the painting. You were paying rent and it includes the normal wear and tear of the house.
demand him the deposit minus the rent due, if he is not obliging first file a police complaint . Some times police do not admit a complaint reasoning it as civil matter. If it happens so you will have to send a legal notice .
You are liable to pay rent for the time you overstayed.So his deducting the rent for 15 days is fine.In case you have paid the rent for the whole of the month of June he should not deduct anything additionally.
He can deduct from the security deposit only if there has been any written condition in the agreement towards maintenance or painting.
As a tenant you are not responsible for maintenance and should not be held responsible for anything except damages caused to fixtures and fittings.
You can send him a legal notice demanding the return of the entire security deposit.
You are right. Tenancy came to an end with the efflux of time and no notice was necessary to terminate it. Therefore notice period rent is not payable by you. It may be possible that a part of month stayed in the house tantamount to full month if agreement says so. As far as white washing is concerned it is rather on the landlord to get the house whitewashed once in a year. Tenant is not liable for it. You can recover your security deposit by a suit of recovery but give a legal notice first. It may work.
Advocate, New Delhi
A. When you have completed 11 month of the term of the lease that this agreement automatically terminated.
B. The flat owner doesn't have any right to deduct painting charge (subject to in the absence of the clause regarding the same) due to you are still continuing in possession.
C. Fresh Lease Agreement to be executed by paying minimum Rs. 500/- Stamp duty as per the clause 30 of the Karnataka Stamp duty act and rent shall be calculated only for 18 days or a whole month.
D. You can issue legal notice to the Flat owner to obtain deducted security deposit.
1. The one month notice is for vacating with in the kease period,
2. You have overstayed 18 days after the lease period is over. So, the land lord is within his right to charge 15 days rent for your said period of over stay,
3. He is not supposed to deduct any amount extra towards rent for not giving notice for leaving the flat after 11 months since the lease period gets over after 11 months,
4. You will notice that he has deducted an amont equal to one month's rent towards painting charge and not towards rent for not giving any notice,
5. If it is not mentioned in the lease agreement that he can deduct amount towards painting after the expiry of thge lease period, then he can not deduct the said amount.