harimohan 20 December 2014

Landlord cuts huge amount from deposit

Respected lawyers,

Our family was living in West of Chord Road, Bangalore before we shifted about a month back. We lived in that house for about 4 years before vacating.

We had notified the landlord about vacating two months prior to leaving. Unofficially many times throughout the year. He had taken a security deposit of 1,00,000. A week before we let, he came to our house along with prospective tenants and started loudly complaining about the condition we left the house in. We told him repeatedly we didn't do anything to the house but he wouldn't relent. A week later when we left, he was cordial and promised to return money after deducting painting and minor charges.

About two or three weeks after vacating we called him up and he asked us to come to his house. When we reached there, he showed us the house with new tenant and started making remarks about how much better it is now.

Then he took us upstairs to his home and showed a piece of paper with rough calculations extending upto 96,000+ rupees as total liability. We had agreed to deduct the rent, electricity and water bills along with interior painting. But he said that we had made the place very dirty and unclean.

Also he said the fans and electrical wiring is not working and he paid dearly for that. But the fact is that we complained to him as tenants about the electric wiring acting weirdly. Also we knew his fans didn't work which is why we were using our own fans throughout our stay. The painting costs amounted to 40K and other expenses including rent, electric wiring and cleaning amounted to 56K rupees.

The rent was 13,650 rupees, which he had suddenly increased in last one year. He had never renewed the rental agreement. Is it possible to have such exorbitant deductions just for cleaning, electrical problems and painting?

Is it even legal to deduct for cleaning and normal wear and tear over four years? Please advice us.

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2 Replies

ROHIT SHARMA (Legal Advisor ) 20 December 2014

1. If he is not returning your deposit then based upon one of the original rent agreement deed file a summary civil suit u/Order 37 Rule 2 of C.P.C. for recovery of your deposit amount. In that then all the the facts as narrated by you can be submitted before the court. Engage a local advocate who would need to initially serve a legal notice upon him followed by such institution of civil case.

2. If need be for further private consultation get my contact details by clicking my name shown in the L.H.S. margin of this reply format.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 December 2014

(1) A tenant shall be liable to pay to the landlord, besides the rent, the following charges, namely:-

(a) charges, not exceeding fifteen per cent of the rent for the amenities as specified in the Fourth Schedule or as agreed to between the landlord and the tenant;

(b) maintenance charges at the rate of ten per cent of the rent;

(c) without prejudice to the liability of landlord to pay the property tax to the local authority, the prorata property tax in relation to the premises.

Explanation.- For the purpose of calculating the monthly charges payable by the tenant to the landlord towards the property tax, the amount paid or payable as property tax for the immediately preceding year or the estimated tax payable shall form the basis.

(2) The landlord shall be entitled to recover from the tenant the amount paid by him towards charges for electricity or water consumed or other charges levied by a local or other authority which is ordinarily payable by the tenant.