House rent

Was it mentioned in your agreement that he could keep back some money to cover arrears or damages? Did you hand over the all keys of the property?

Thanks for your reply. Yes it was mentioned in the agreement that he could deduct some amount from the security deposit for damages in violoation of the agreement. But there was no damage done to the flat. All the furnitures and fixtures were abosultely fine. He was insisting that i should bear expenses for complete painting of his house, for which I was not agreeing as I lived there for 2 years and already it was due for painting. I have handed over all keys to him and he has given that flat on rent to someone else after painting. Now his broker is insisting that I should bear the cost of painting and in that manner the balanace amount is adjusted against painting expenses and nothing is now payable to me.

Please guide.

You did not say the flat was a furnished one. In that case, the owner would have taken an inventory of the furniture he leased out to you. In cities like Bangalore and Chennai, usually there is a clause in the agreement saying the tenant is liable to pay painting charges or forfeit one month's rent to cover the same. What did yur agreement say? Did the owner paint and hand over the flat at the tim eof your moving in? If he hasn't then he has NO right to hold back your money.

Thanks for your guidance. The flat was absolutely new and I was the first tenant, so it was not needed to re-paint it at the time when I moved-in. Before my possession the flat was lying vacant for more then 6 months. Since the flat is close to sea-shore, due to weather conditons some paint layers get removed very often. This fact I had told my owner a number of times, but he didn't bother to paint those portions in between and in the end he is claiming huge charges for complete painting of his house. There was no painting clause mentioned in the agreement. Only thing mentioned was that I should hand over the flat in "Good Condition"

Please advise, can I file a consumer case in this matter to take my money back?

If there was no clause in the agreement about painting but just maintenance, then I think you should see a good lawyer before you go to court. Your lawyer can send a notice to the landlord.