Deposit Refund Issue For a Shared Agreement
6 months ago
Three flatmates had rented out an apartment with a security deposit of 2.5 lakhs. The lease agreement terminated in July 2023 post which 1 of that flatmates vacated the house, and the caretaker refunded her deposit post a visit to the house and collection of her keys after subtracting an amount for painting charges (equivalent to her share of 1 month's rent). Painting was not done for the house when we moved in, however stating that the house had been painted before we moved in, the agreement had a clause that painting charges will be recouped while refunding the deposit. Post the agreement lapse, two of us continued in the house for two months bearing the entire rent with a 5% increase amongst the two of us with the intention that we will vacate the house in 2 months which had been communicated to the caretaker post which our deposit had to be refunded. The second roommate vacated last week and her deposit was refunded. I vacated the house at the end of the month and handed over the keys. However, now during my deposit refund the caretaker is stating that the kitchen slab is broken and that two ACs are not working and hence he would be deducting the amount for the same from my deposit. The AC in my room was working, the last time I had used it and the issue with the kitchen slab has been there for a while, when all 3 of us were residing in the flat. Though the caretaker visited the house to collect the keys from the other two residents, he is planning on deducting these entire charges, from my share of the deposit. What can be done in this case?
Review the Lease Agreement: Carefully review the lease agreement you had with the landlord or property owner. Pay attention to clauses related to the security deposit, damages, and the process for deductions.
Request an Inspection: If the caretaker is claiming that damage occurred during your tenancy, request a joint inspection of the property to assess the condition and any alleged damages.
Send a Formal Notice: If you cannot reach a resolution with the caretaker and believe that your deposit is being wrongfully withheld, you can send a formal notice requesting the return of your deposit
Regards
If the rent agreement is jointly signed by all the tenants or by a single on behalf of other tenants and such a condition is mentioned in the rent agreement, then the Building owner/caretaker cannot charge you standalone and outrightly. If the building owner/caretaker deducted the entire cost of painting or damages from your security deposit, and then serving a legal notice to the building owner/caretaker, you may file a complaint against the arbitrary and unjustified action of the caretaker before the concerned Rent Controller constituted under the Rent Control Act for redressal of your grievance.