Hi, I had rented my property in Pune for 5 years to a tenant. For last one and half year due to Corona and travel restrictions, we could not renew the agreement. When we asked him to initiate agreement now for another 11 months, he delayed and when we pushed further, he vacated the flat. He did not pay rent for last month even after we asked. He wanted deposit before he vacated and we said post inspection, we will do the needful. During inspection we found that things were damaged like gas knobs are broken, gas and chimney are never ever cleaned, walls are spoiled by his kids with some drawings, property not cleaned, all fan regulators are broken, complete kitchen unit is broken, He had mentioned about some kitchen leakage 2 years back saying it is builder issue but when we asked for photos and details he never provided and he let things get damaged since then. And now claiming he informed us. It is costing us around Rs 45000 to fix and rough estimate is around 50000... So as we owe him 45000, we told him that if expenses are lower, we will pay else he needs to pay. Property is managed with complete negligence and disrespect. I believe it is my right to take all fixing expenses from him as he managed the property grossly. He is pushing for whole deposit back and went to police. Pl let me know what are my right.
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You are entitled to deduct expenses incurred by you on account of damage caused to flat
2) take photographs of damages caused and estimate of repairs
3) also do video recordings of damage caused to flat
4) police would not intervene as it is a civil dispute
5) in event police call you then show photographs of damages caused to flat and furnish estimate of repairs
Police will not entertain him at all for the matter of deposit money return.
So, kindly arrange middle man for repairs the middle man should be appointed by both of you and he shall inspect the property and provide the estimate for repairs and that too shall be accepted by both of you.
If the amount is less in the estimate repairs and can return remaining amount or it more he shall pay you.
If tenant want deposit money than by mutual understanding of both it can sorted out otherwise he is free to file case in the court as it's civil matter. Police can't do here anything.
- A tenant cannot claim for force majeure due to covid-19 , if the said agreement not having a clause for the same or even the same is mentioned in the agreement as well.
- Hence, the said tenant is liable to pay the arrears of the rent to the landlord.
- Further, if any fixtures and fittings of the tenanted premises are damage at the time of vacating the premises , then the tenant is also liable to pay the same to the landlord, and if not paid then the landlord can deduct the said expenses from the deposits legally.
- Police having no role to interfere in such type of civil matters .
- You can send a legal notice to the said tenant for asking the arrears of rent if any , and also inform that the deposits has been adjusted towards the damages of tenanted premises.
Dear sir,
1. You can serve him a legal notice, claiming all the losses you incurred.
2. You can seek compensation for the damages made to the property and also the arrears of rent.
3. The police won't intervene in a civil matter.
Thank you
The Police cannot interfere in this civil matter.
You may make sure that you have a quotation from the contractor towards the expenses that would incur for all such repairs and send the copy of the quotation to the tenant and demand him to pay the balance amount or to face law accordingly.
If the police is summoning yo, then you can inform them that it is a civil matter which will be taken care through court of law.
There were pen marks on walls, for which we had to go for painting House was all dirty, cleaning was required Regulators and knobs broken, which had to be fixed Chimney was never cleaned or even touched, we had to do complete servicing Negligence in maintaining flat is all clear with photos and videos We sent all photos and also bills of fixing. And deducted from deposit accordingly He never paid rent before 5th as per agreement for most of his stay I believe staying for five years in house does not change any of these things. In my view there are clear violations of tenancy contract We have no binding to visit the flat. And we are paying monthly maintenance to society and that the best we do in terms of maintenance. I believe we have been fully transparent and as owner, expecting house to be handed over in clean and good state in within my rights. If we go to court, how strong is my case. Is there such similar case precedence?
He cant ask his deposit he needs to pay for the damage. Let him go to the court for his deposit. You have strong case. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
You have good case on merits
you are entitled to deduct expenses incurred by you for repairs to flat
if you have the deposit amount held by you, then you can deduct the expenses out of that deposit amount.
If the expenses as well as the arrears of rent are more than the amount held in your possession as deposit, then you may send a legal demand notice to the tenant demanding the same.
If he is not responding or complying with the demands made, you may file a money recovery suit to recover your amount.
Before that do not rush to court for any other reason.
- Legally you have right to deduct all the expenses from the security deposits legally , and further if more than the deposited amount then you have right to recover the same from the tenant.
- You can send a legal demand notice to said tenant after giving all the details of expenditure done and thereby ask him to pay the same within a period of 7 days
- If no response, then file a recovery suit against him before the court.
- The time depends upon the burden of the court .
Dear sir,
Any claims relating to the deposits cannot be entertained. A strong case is made inyour favour and also you can claim expenses incurred by you for the repairs
Thank you