Painting Charges Deduction
We had signed a rental agreement for 11 months on a stamp paper of 20 Rs. with our Landlord in May 2014, which we renewed for last 2 years. now its almost 30 months since we signed the first agreement and renewed it in April 2015 & March 2016. We have issued a notice for the vacation of the premises to the landlord recently with a notice period of 2 months. Recently we came across this website and we realized that the landlord has drafted provisions like deduction of painting charges from the deposit which are not in sync with the law. We were unaware of the same when we signed the agreement with them. Can we still debate the same with him during the refund of the deposit or is it not possible since we signed the agreement?
Asked in Property Law from Bangalore, Karnataka
The terms of agreement are sacrosanct
2) since you have agreed to deduction for painting charges it would be binding upon you
You should object any sorts of deduction from the deposit.
Painting is treated as normal expenditure which the landlord has to bear as it is part of normal wear and tear of the walls of the house/flat.
Since you had not exami Ed the clauses or terms carefully ,you missed it out at the time of signing.
Any agreement which is mutually agreed and executed between two parties is binding on the parties based on the clauses or terms of that agreement unless the same is a voidable one.
Voidable contract is something where the terms are against the provisions under the existing law.
So pressurize the landlord and insist for the return of the amount .
Why says deduction of painting charges is not in sync with the law? There is no provision in any law which precludes a landlord and tenant from incorporating a clause in the agreement which permits the landlord to deduct the painting charges. You must understand that once two parties agree on such a clause then it ranks sacrosanct and binds them. Of course, you can debate this with him at the time of seeking the refund of your deposit, but you cannot bind him to let it go.
The law says that you have to handover possession of the rented premises in the same manner how it was taken.
Thus under this the landlord may claim painting charges as well as charges for the minor repairs wherever necessary.
You cannot dispute it on the basis of the agreement because i is law even if it is not mentioned in the agreement and logic as well.
You have been given on rent after having painted it hence the charges claimed by the landlord is justified.