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Regarding dispute over the damage deduction from security deposit for residential lease

(Querist) 25 April 2016 This query is : Resolved 
hi,

I wish to understand that do the landlord has rights to deduct the damage amount from the security deposit if the tenant has done damage to the walls by putting nails .
Also is their any clause under the Act that only 30% of amount can be deducted for such damage ? Does it form part of normal wear and tear ?

Also if the dispute gets aggravated what are the rights available to the Landlord .

Awaiting for the replies..
P. Venu (Expert) 26 April 2016
Legally, the Landlord is not entitled to make any unilateral deduction.
Rajendra K Goyal (Expert) 26 April 2016
Refer the rent agreement first.
binita behl (Querist) 27 April 2016
does deduction includes removal of nails and filing up the gaps caused due to the insertion of nails and also painting the affected areas due to such nails ?

The rent agreement is standard and says the clause that house should be handed over in the same condition as given ...
Rajendra K Goyal (Expert) 27 April 2016
If the damages due to nails is not exempted in rent agreement, he can recover.


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