Aswin Jayan 04 November 2020

Unjustified deductions from rental deposit

Hi team,

We had moved into a house on lease last year, with its rent agreement running from Sep-2019 to Jul-2020 (11 months).

We opted not to renew the rent agreement and gave our landlord notice on the 15th of August. We vacated the house on the 28th of August. After a couple of months of following up with the landlord, he returned our deposit money today, but only after deducting a huge sum of money.

We had paid INR 2L to the owner before moving into the house in Sep-2019. He has return ~ INR 45K citing the following:
- Rent for the month of August 2020 - INR 38K
- Rent for notice period - Sep & Oct 2020 - INR 38K * 2 = INR 76K
- Painting charges - INR 38K
- Miscellaneous Charges - Electricity/Water/Keys - ~ INR 3K

He has deducted a TOTAL OF INR 1.55L.

We have issues with the following:
- Is the landlord allowed to deduct rent for notice period after the lease has expired?
- Is the landlord allowed to deduct painting charges, despite not painting the house after promising us he would? We have not damaged the property in any way whatsoever, and it seems like he is using this as an excuse to rob more money off of us (especially after collecting the same charges from the previous tenant as well)

I would like to assess my options in pursuing this matter legally, or with the police. What options do i have here?

Thanks a lot!
AJ

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4 Replies

P. Venu (Advocate) 05 November 2020

The deductions are contestable. Though civil action could be filed, it would be prudent to serve a legal notice. You also have the option to approach the local Adalat (Taluk or District Legal Service Authority ).

Kishor Mehta (CEO) 05 November 2020

It depends on the terms of the lease, if the deductions are according to the terms specified then the landlord can deduct the amount permissible. If, however, the terms do not permit the deductions then you can issue a notice to the landlord and demand a refund of the excess amount deducted. You can take recourse to Consumer Grievances Forum for the refund in case of refusal.

Aswin Jayan 05 November 2020

I'm guessing the notice period deductions wouldn't be valid since we told him about our intention to leave after the lease had expired. Thank you very much kind people