Owner blames for Termite damage Not refund deposit demand money threaten action Owner blames for Termite damage Not refund deposit demand money threaten action

2 years ago

Dear Sir, Was staying in a flat in Hyd (Aug19-Apr21). No rent agreement made. 13K rent & a 2-mth deposit verbally agreed. Owner in US & building managed by Secretary (Owner's friend) who stays in the building. Have no pending dues on rent, maintenance, electricity, etc. All transfers were on time & done online. Full building termite-infested for years but no one informed us. We noted minor pest activity during lockdown (June 20) & upon inquiry got to know that a severe problem exists & everyone including Owner & Secretary knew. In July we did pest control on infested areas through a local vendor & as suggested got Terminator Spray to use as & when needed. Subsequently, we got transferred to B'lore and moved out on 8th April. Once we vacated, the owner informed us that he had made repairs/replaced a few cupboards, door frames, etc. some of which were of the time even before we moved in. He says he has spent 20k for the same & by holding us responsible is not only withholding our security deposit amount (22K) but also is now (2 months after we vacated) demanding 25k more claiming as compensation for his initial investment for interiors. If we fail to pay the amount we are being threatened with action against us. Please help & suggest what best can we do in case this moves ahead since presently I am in Bangalore and if any legal/police action is registered at Hyderabad will cause severe hardship not only due to the current pandemic (Covid) but also a considerable drain on my time, effort & financials. Thanks.

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
You need not worry. File permanent injunction suit against the secretary as he is a stranger.
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 the situation escalates any further the you can register a complaint with the rent controller in Hyderabad against your owner for not disclosing information about the sever termite problem beforehand, These are the usual tactics to extort money from the helpless tenants. You can choose not to give in to the secretary's futile demands.
If you find my answer helpful then kindly rate me.
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,
As per your narration, it is quite clear that your owner has been at fault since its inception. You need not to give in to the demands of your owner. If at all they file any complaint against you then you have the option to exercise filing a counter FIR u/S 153(4) CrPC for extortion and cheating.
If you find my answer helpful then kindly rate me.
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.See long term maintenance of the house is the responsibility of the owner and not the tenant and termites eat the wooden article from inside which one once cannot see from outside. Here the landlord is just being greedy and trying to seek more for upkeep of his own house. Let him do whatever he does. If he builds a house on mound of termite hill then why should the tenant pay the cost of damage.
There is no legal action that he can take apart from filing a false case which can be easily dismissed.
In case required you can initiate ODR- Online Dispute Resolution process through Vidhi Samaadhaan, to know more click at this link https://www.vidhikarya.com/online-dispute-resolution
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 iconEviction of property by filing case on third party
Dear Madam, That suit is to be dismissed summarily for filing against wrong person since you are the person and running the shop in the capacity of proprietor and seems holding trade license, GST etc.
question iconEx landlord not returning the advance money
Dear Client, In the absence of a rent/lease agreement, you lived a considerable period and left it making your claim of refund of advance deposit from the landlord the most difficult and infructuous b...
question iconOwner disputes with Association, tenants being threatened
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 i...
question iconMy broker asking for unwanted momey
Dear Client, After the enactment of the Real Estate (Regulation and Development) Act, 2016, all real estate agents are mandatorily required to register themselves with the RERA under Section 9 of the...
question iconPG asking for increased rent upon leaving
Dear Client, In the absence of any rent agreement specifying the deduction from the Security deposit, a landlord cannot deduct it as a matter of right. So, you have to provide proof of payment of ren...