I rented an apartment for 11 months lease and have paid the rent and maintenance in correct time. During the 10th month I proactively sent an eMail to the owner stating that I will not be renewing the lease due to some personal issues. The immediate reaction from the owner was that I need to give two months notice before vacating otherwise the same would be deducted from the advance. When I sent him an eMail this clause is no where in the lease, after lot of email exchanges. He said that he needs one of his representative to visit the place. We have vacated the house and given the keys to one of our friends to hand it over to him. After one week his friend has collected the keys and the owner sent me an eMail stating that the house is not in a livable condition and will not return me the advance amount. Then after lot of eMail exchanges he told that he is out of station and will inspect the house in person and then decide about the advance amount. After two months he sent eMail with photos like few empty coke bottles in the kitchen. One sticker pasted in the electic socket etc quoting these are the major issues. Again after lot of eMail exchanges he has told that he has re-painted the house and that cost him XXXX amount and returned rest of the amount. When I told him that his concerns are noted and will come in person and see if these are not related to wear and tear will fix it. He is claiming that he has already fixed those issues and a tenant has the house in possession. Is it correct in the owner's part to take a unilateral decision to fix things like (lock, door, plumbing, whitewash, cleaning the house with x persons,etc) without prior written agreement with the tenant.
Shouldn't the owner tell the tenant about the complaints within few days the lease is over and get an agreement on what he is planning to do and then either deduct the cost or ask the tenant to fix the issue?
I am sure he has not done anything but just deducted 20% of the advance amount. I have sent several emails for which he is not responding. Is there a way to legally proceed on this. Has the owner got the rights to deduct the advance amount without prior agreement with the tenant. Is the owner legally allowed to tell the complaints after approx two months of vacating the house? Is the owner allowed to do re-paint rooms without consulting the tenant that the cost will be deducted from him.
