Water tank and solar water heater damaged
2 years ago
Hello sir /madam our water tank and solar water heater is damaged 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.and 2weeks ago they left the house and when we asked to come and do some solution for water tank they didn't came I have call recording of that conversation and we replaced with new tank so that leakeage should not damage ceiling and after 2 weeks they came back like this bcse of their improper supervision tank got cracked and solar is leaking...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
But if it was kept empty then it is negligence.
you have to prove that there was negligence from tenant to maintain water tank.
You can claim damages and same may be deducted from lease amount.
Under the lease agreement, the leasee is duty bound to take care of the property and not cause any damage to the property which is beyond reasonable wear and tear. In your case, the solar water heater tank was damaged due to negligence of the leasee. You can ask the leasee to pay up for the damages, if they deny deduct the cost from the security deposit. You can approach the civil court for violation of lease terms, and seek damages and compensation. You can also terminate the lease contract.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
If the property leased has certain fitings installed for the benefit of leasee. the leasee is duty bound to take good care of it. In your case the leasee has acted in a negligent manner and has caused damage to the solar water heater. You can carry out the repair works by deducting the amount from the security deposit, or else you can try to recover the damages by approaching the civil court or the rent control board.
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