Can a tenant give less rent if promised provisions are not provided? Can a tenant give less rent if promised provisions are not provided?

2 years ago

Hi, I am living in a fully-furnished 1BHK flat in Trivandrum for rent Rs. 17K. The rent is high but the flat was fully-furnished. But recently the washing machine had issues, and the repair service person told the landlord to replace the machine, but he is stingy and asked to do bare minimum repair. We had told him that it will cause us trouble later if it broke entirely, but he didn't listen. Now, during this lockdown, the machine broke and the landlord has denied to provide a new one as we are planning to move out in another 3 months when our own flat is ready for occupancy. No repair service is available right now due to lock down. We are forced to wash clothes by hand. So, can we cut some amount from the rent until the facility is provided again?

Abhimanyu Shandilya

Responded 2 years ago

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A.Yes, if the terms and conditions of the rent agreement are not fulfilled then you can deduct the amount from the rent and you should let the owner know about this before hand.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Yadi aap or landlord ke bich written me contract hai. Tab aap ke landlord ki duty hai ki vah aap ki washing machine ko change kare. Yadi landlord aap ko nikalne ki koshish kar raha hai tab aap landlord ke virudh court jaa sakte ho.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If you are facing any issues with the rent, then you can register your complaint with the rent controller of your area. They handle such issues between tenants and owners and help to arrive at consensus if you wish to arrive at the matter without the interference of court.
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Anik

Responded 2 years ago

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A.Hi,
You can amicably reach an agreement with your landlord to pay less rent stating washing machine as the reason. If a dispute is not out of reach, then refer it to the rent controller's office in your jurisdiction so as to reach a settlement.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary on your part strictly to follow the terms and conditions of the Tenancy/ Leave and License Agreement. If there is any term therein which allows you to deduct any sum from that monthly rent if any of the machines provided therewith is not functioning,then only you shall be entitled to do so otherwise if you cut some amount from that monthly rent,the Landlord can deduct that deficit rent amount from the Security Deposit,if any, and also entitled to take legal step against you as may be advised in Law as per the default clause provided in that Tenancy/ Leave and License Agreement signed and duly executed by both of you.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
During lock down you can give less rent.
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Madhulika Bhatnagar

Responded 2 years ago

A.If you rent agreement with the landlord specifies that he shall provide you with these amenities and will be liable for the repairs, then you can cut the rent by informing of the same in writing.
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