Dear Esteemed Members,
I have a house in Chennai that was vacated recently after 22 months of rental. After the house was vacated, considering the excessive dirt stains on the wall painting and the presence of drawings (with pen, pencil, crayons and sketch pens) across multiple places, I decided to get the house repainted. I spent INR 48,000 for the repainting. Because the damage done to the walls was not natural wear and tear, I have withheld INR 20,000 from the security deposit paid by the tenant. There were two clauses in the rental agreement towards the same as shown below:
1. At the expiry of terms of the lease herein above reserved or sooner termination of the lease, the Lessee shall deliver to the Lessor the vacant possession of the demised premises in original and clean condition subject to natural wear and tear.
2. After the termination of the Lease, the Lessor shall undertake a detailed cleaning of the premises, the cost of which would be deducted from the Security Deposit to be refunded to the Lessee. The cost will be on the basis of actual amount spent by the Lessor and will depend on the condition of the premises at the time when the Lessee hands over the house back to the Lessor.
The tenant argues and contests that it is illegal on my part to withhold expenses for the repainting and that the damage done to the walls (including the drawings) are natural wear and tear.
Request the opinion of the esteemed members here.
