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Q.Owner insisting tenant to repair.....

Q. Owner insisting tenant to repair.....

I stay in Pune at a rented apartment for 2 years. I saw leakage in kitchen and the wall getting wet, I informed owner who stays downstairs and told him it may be due to rain, but to avoid spending money, he did not inspect it through plumber or structural engineer and bargained lot of time.
Now I decided to leave that apartment and landlord is saying it's not because of rain but Bathroom leakage, Since neighbor also has same problem and our walls are adjoining , I informed landlord it may be due to their bathroom, but now LL is insisting to pay all repair cost of bathroom which may be huge.
My question
1) Can owner blame tenant directly for such leakage without proper inspection?
2) If it's due to My bathroom, who is supposed to repair?
3) What are the rights of tenant in such case if Owner is refusing to refund entire Security deposit?

Please help
Thanks

Showing 6 of 6 Responses

A. dear client did you execute a rental or lease agreement with the landlord? If yes then check it there would be specific clauses about who would pay for the maintenance and repair of the leases property.because tenant should know what was the agreement and what is maintenance conditions .leakage is the fault of construction not tenant.

Deepak Bade

Experience: 9 Year(s)

Responded 3 months ago

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A. The tenant is not responsible for the bathroom leakage because the bathroom leakage is due to negligence at the time of construction.

VIMAL K MISHRA

Experience: 15 Year(s)

Responded 3 months ago

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A. refer to agreement,if you have, the land lord is to undertake the repairing work. for details, pl. contact the advocate through vidhikarya.com

Rajender Prasad

Experience: 5 Year(s)

Responded 3 months ago

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A. Dear concerned,
Firstly, you have not stated in your query that whether you have executed any rent agreement or not. Secondly, if you have executed the same, whether you have included any clause relating to the repairing of the property or not. If you have done all these things, those provisions will be applicable, but if you have not done all these things, then here are the answers to your questions:
(1) the owner can't blame the tenant directly for such kind of leakage unless the owner has some solid reason for alleging the same
(2) if it is due to your bathroom, repairing costs will be borne by the landlord, unless you have played any vital role in causing the said leakage
(3) if the landlord is refusing to refund the security deposit, you can knock the doors of the court and the landlord will be liable to refund the whole amount along-with interest and litigation expenses, unless you have violated any condition of the rent agreement, if any
(4) if you want to cause the repair to be made on your costs, you have a right to adjust the repairing costs against the rent to be paid
For more information, you should contact a good legal practitioner from the Vidhikarya platform.

Gopal Bansal

Experience: 1 Year(s)

Responded 3 months ago

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Anonymous

Replied 3 months ago

Dear Sir.
1) I had done agreement for first 11 months in which it was included that tenant will be responsible for any minor repair, however their is no written agreement for next 11 months. ( Aug -2017 till date)
2) we had clause of 1 month notice period which I have given on 1 SEP 2018 and will be vacating flat by month end.

Please help.
Thanks

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Gopal Bansal

Experience: 1 Year(s)

Replied 3 months ago

Dear concerned,
There is a contradiction in your statements. On one hand, you are saying that no new agreement has been entered into between the parties post August 2017, whereas, on the other, you are saying that there is a clause of one month notice period between the parties. When no agreement has been entered into between the parties post August 2017, then where the clause exists? Whether orally or in the old agreement? You are not even bound to follow the same in both the conditions because the old agreement has already been expired and being orally agreeing on any thing is not even enforceable in the court of law. You should immediately contact a good legal practitioner to get rid of this problem.

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A. By advocate Rameshwor dadhe dear sir if you made agreement between both the parties for terms and conditions. There is clause for u if you want leave the flat you should inform landlord before 3 months or if landlord can't fulfill his condition at the time you can leave it

Rameshwar Dadhe

Experience: 2 Year(s)

Responded 3 months ago

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A. Did you execute a rental or lease agreement with the landlord? If yes then check it there would be specific clauses about who would pay for the maintenance and repair of the leases property. Usually it is the landlord who is supposed to pay for such kind of repair work unless it is specifically mentioned that the tenant will pay. If there is no agreement then just ignore and move ahead.

Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 3 months ago

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