Solar water heater damaged in tenent period with our tenants
2 years ago
Hello sir/madam our tenent were on rent 1 year and lease for three 3 years, now in tenency period only the solar tank got corroded without proper use as it's corroded when there was no water in tank etc and improper supervision now they are saying if the solar water heater is serviced and if it's out of warranty we don't pay and if need to replace solar tank they say they won't replace tank with new ..please suggest us sir they are saying they know other lawyer judges if it's going far it will go far like this only until I can stay here in house. Sir please suggest what to do with this issue is it better to go with law
Ankur Goel @ Complete Law Shield
Responded 2 years ago
Usually corrosion is not negligence.
But if it was kept empty then it is negligence.
Under the lease agreement, the lessee 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 the negligence of the lessee. You can ask the lessee to pay up for the damages if they deny deducting 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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Get damages deducted from advance amount.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
If there was negligence from the tenant in the use of Tank which caused corrosion. Then you have the right to claim damages under transfer of the property act and also as per lease agreement. but if your tenant has proof of service then they aren't liable for any damages. You draft legal notice against your tenant to resolve this issue but if that doesn't work you can file civil suit.
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Vaidehi Samant
Responded 2 years ago
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Sidhaarth
Responded 2 years ago
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