Tenant is threatening
7 months ago
Hi I deducted 13,000 from security deposit of 3L, Rest was returned on the day of handover. This deduction was towards painting, cleaning and few damages. For which tenant is not agreeing. He is saying you had to inform me before making these expenses. Without my permission how can you deduct my amount. Handover occurred through his representative as he was out of country during handover. I sent inspection and account statement on handover night itself refunding 93% same day. All damages are recorded when I was taking handover from his representative. And these all are shared with tenant on the same day. First He did not responded for 7 days then he said he does not agree on deductions. Now he is saying refund me 13k in a day else he will come to my place to take this amount at his convenient time. I said you can not come my place with prior permission. He also refused to discuss with on the expanses. Now threatening me with extortion charges, mental harassment and consumer case. What to do ?
In the absence of a specific stipulation in the rent agreement that governs the relationship between a landlord and tenant, you can not deduct an amount from the security deposit for the expenditures incurred for the purpose outrightly which will be considered an unfair practice as defined under the Consumer Protection Act, 2019. A tenant can litigate the matter either before the Consumer Court or before the Rent Controller appointed under the Rent Control Act. The expenses for painting, cleaning, and any civil work for repairing/rendering of damages are considered as natural wear and tear, and the onus of repairing or renovation lies upon the landlord. Both landlord and tenant are given equal protection under relevant law. So, try to resolve the dispute amicably at the pre-litigation stage.
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