You should object to deduction of security deposit
if landlord refuses to agree then sue the landlord to recover your security deposit with interest
Need advise since there is disagreement between the myself(tenant) and the house owner on the deduction that is about to be made on security deposit.
You should object to deduction of security deposit
if landlord refuses to agree then sue the landlord to recover your security deposit with interest
Where is the question?
Deductions have to be made as per terms of rent agreement. Like deductions for damages, alteration.
More details needed for more clarification
I have provided a sum of 1.5Lakhs as security deposit to my current owner. 17000 +1500 maintainance. The house was a fully furnished duplex with car parking. From the start there has been issues with termites & plumping. Since I have informed the owner that I will be shifting the house, they have currently billed approximately 36K for painting, restoration of cupboards, LED Lights, Hinges of cabinets,replacement of taps, repairs to all plumbing and deep cleaning. I believe this amount is not fair, however agreed to it after which informed that the owner that I do not believe that the amount is unfair. This resulted in a heated discussion where they informed that the amount shown is only a small percentage of the incurred cost and further threatened that any further issue will be charged in full. need advise on how to proceed with the issue.
Since landlord is willing to refund Rs one lakh fourteen thousand accept it
reason being litigation is long drawn and expensive proposition and legal fees would be more than amount claimed by you
amicable settlement is best option
Deposit is much, first send the notice with all problems existed in falt and collect deposit. Later send legal notice to ful refund of unwanted demand.
Priority is to recover deposit as much u can.
1. The dispute arising out of a rent agreement is to be guided by the terms mentioned in the rent agreement.
2. If there is no written rent agreement then the adjustment of security deposit is to be made as owr verbal agreement .
3. If it's not mutually resolved then the intervention of court is required.
- As per law, a landlord has no legal right to withhold the security deposit and to deduct any amount from the same without the consent of the tenant.
- Further, both the parties are bound with the clauses mentioned in the lease agreement.
- Further, at the time of taking the tenanted premises, the landlord cannot charge any extra charges , except rent and maintenance charges if any.
- However, the expenses like led light , fans etc, the tenant will have to bear expenses, but not in the name of plumber and deep cleaning etc.
- You can send him a legal notice for the same , and to refund of full security deposits , in case of vacate the property in question.
What is the reason told by the house owner for the proposed deduction?
If it is unreasonable and not in accordance to law, then you my challenge him in the appropriate legal forum.
In my opinion, it would be better that you settle the matter amicably.
If you take it up legally, you may end up spending more than the amount informed to be deducted by the house owner.
Think about all the pros and cons patiently, if you still want to proceed legally, you may even end up with a losing legal battle despite spending huge money towards litigation, besides losing your time and energy.
by the way I am in chennai tamil nadu, not sure whether it matters. Specific reason was not provided, just that they didnt feel that the house was maintained which caused termites to increase and plumbing work again because of no maintainance, Below is the details they provided : A/C Full service : 2450 False LED ceiling lights : 1000 Labour cost : 500 Hinges of Cabinets : 800 Broken drawer rails : 600 kitchen cabinet door below sink : 1500 kitche door near sink that is spoiled : 700 total labor cost charged for making door + repair works :2000 Interior : 7500 Toilet seat cover : 1500 2 washbasin tap : 2400 washbasin hose : 600 2 qty of 1/4 inch waste hose for washbasin :400 Repairs and service of all plumbing works in bathroom/sinks : 4000 Deep cleaning entire house , backyard/front yard/furnitures/curtains etc. : 10000 Total 35950 Electricity advance will be kept for Rs 10000/- till bill received. Else you can settle on day of leaving by paying @TNEB <<< this i refused saying that I will pay for the extra units consumed till vacating Motor damages not inspected yet Final inspection to be done before settlement and handover.
I can make a deal at the current 36K but what I am worried about is whether they will increase this amount furhter. Upto what amount should I let go. Can I vacate the house and then file a complaint if needed?
you just agree what you feel is appropriate and dont pay more. pay the same through banking channel and not in cash
Ask them to give in writing that Rs 36 K is final amount claimed
You can vacate house then file complaint
They have given a detailed break up of the expenses due to the wear and tear at the time of vacating the premises.
From this, it can be found that the charges are not exorbitant as alleged by you.
If you feel it is exorbitant and worth fighting it legally, you may proceed by informing them that you will have them repaired or replaced on your own expenses.
The legal battle will cost you more than the quoted amount, hence take wise decision.
The expenses will be increasing till such time you may deliver vacant possession of the rented premise.
Hence better vacate it immediately with a condition that you will not be liable to pay any additional charges after vacating the premises.
Since there is no specific agreement on the issue it will have to be mutually resolved as advised earlier.
Why you are worried.
Make a deal n leave.
If you enter into a legak battle you will have to spend more than 36k surely.
1. Refuse to pay the amount if you deem it arbitrary. If he does not agree to refund the security deposit then you are free to set off the rent for the last month of tenancy against the security deposit.
2. You are free to file a suit for recovery of money in the court against him but it will be losing battle as your expenses may exceed the amount you wish to recover from him. So save as much as you can by setting off the rent against refundable security deposit and amicably settle the remaining amount.
1. Most landlords raise such arbitrary demands at the time of exit of the tenant. This is why the security deposit should never exceed the sum equivalent to rent of a month.
2. You are free to vacate the house under protest. By doing so you will be able to preserve your rights and remedies.
If the Land Lord (LL) is ready to compromise and settle all his demands at one particular amount 36K (+/-) 5K is always better deal.
Yes, you have option to go for litigation, but it is a long drawn proposition, and you will be ending up spending more than what you are losing now, apart from loss of man days, advocate fee, miscellaneous expenses etc.
If you accept for 36K (+/-) 5K i.e., around 40K is reasonable and win-win situation for both of you.
You can come out of the mess once far all.
Do not protract / argue with LL, just come out ASAP.
Make sure you take NO DUE certificate from him in writing.
First recover the amount as much you are getting. Later can send legal notice to recover unwanted deductions.
1. You can make complaint to rent controller if you think that deductions by landlord is inappropriate.
2. You should try to negotiate the amount and it depends on you that how much amount you can to be deducted from security deposit.
3. Yes you can make payment and send legal notice for recovery of deducted amount after vacating the premises.
- Actually , the landlord is trying to grab your security deposit
- If you are agree then take a written declaration , where these expenses are mentioned, and dont deduct from your security deposit, so that you can file a recovery case for getting Security deposits.
- After adjusting the same , vacate the house , and file a case against him after giving a notice for refund the security deposit.