Water tank and solar is damages without proper supervision Water tank and solar is damages without proper supervision

2 years ago

Hello sir /madam our water tank and solar water heater is damages without proper supervision of tenants.they leave house for weeks without water in tank and solar most of time we filled it ourselves.. in agreement it is stated these need to repair but tenent saying we will repair it but a damaged water tank cannot be repaired. Please suggest us what to do in three months their contract ends ( they are in lease)(lease not rented)

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.you have to prove that there was negligence from tenant to maintain water tank.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If a lease agreement states that repairs must be made if something is damaged, they must comply. Furthermore, if they were careless and the water heater could not be repaired, they will have to replace it. Such disagreements will be resolved in accordance with the terms of the lease agreement.

If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
Such disputes shall be settled in accordance with the lease agreement's conditions. If a lease agreement specifies that repairs will be done if something is damaged, those provisions will not be limited to repairs. If it is obvious to a reasonable person that the heater or tank cannot be fixed and must be replaced once damaged and despite this, they were careless at the time then they will have to replace it.

If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Nishant Singh

Responded 2 years ago

A.Hello,

Send a formal letter or mgs that the said solar water heater used by them in winters are not working and it has to be repair by the technicians and ask them the suitable timing to them for visitation of technician. Once they suggest the timing then send him a demand letter for the repairing charges with mention the said lease clause i.e Repair Charges of Solar Water Heater. If they denied, then file a recovery suit under the provision of Order 37 of CPC.

Thanks with regards

Nishant Singh (Adv)
New Delhi
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.If you have the clause in the lease deed wherein they will pay for any damage caused due to them then ask them to pay or else deduct the charges for damage from the security deposit or ask them to repair the solar water heater system before handing over the property to you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
Deduct damages from lease amount.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMy landlord is asking for more money
Dear Client, A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute a...
question iconNeighbor dispute
Dear Client, When the verbal request does not resolve the issue, you can serve a legal notice to the neighbour asking him to reinstall the AC outlet in other convenient places. If no development is ob...
question iconRequest for removal AC fan on common wall
Dear Client, When the verbal request does not resolve the issue, you can serve a legal notice to your neighbour asking him to reinstall the AC outlet in other convenient places. If no development is...
question iconRepair 2nd floor
Dear Client, When an eviction suit is sub-judice before a Court, you have to maintain the status quo or obtain permission to carry out renovation/repairing work in the suit property from the concerned...
question iconExcess land not in record, can it be sold??
Dear Client, It is illegal to sell the excess land without the patta papers and title deed. The excess land can be sold, only if the seller is the title holder of all the land including the excess. So...