My tanent is creating lot of problem
7 months ago
I am the owner and my last tanent vacated our flat last month on 1 month previous notice, But the walls and doors of flat are coloured with creons by his children also tiles of bathroom were broken and rods of curtains were broken.
We did a legal contract with him, in which it was stated that the tanent has to give colour to flat at the time when he in vacanting the flat. But now he is not ready for that.
So we have not given him his deposit back.But he is creating problem. We as a part of goodwill suggested that we will devide the cost of painting 50-50. But he is not ready. Now he is calling us continuously in night all day ...he also went to police station but as we were legally right police didn't entertain him. Now he is threatening us that he will takle it differently. So what càn we do now? What actions can we take legally? He is from military. As part of goodwill to a military man we didn't increase rent for last 5 years.
In the given situation, referring the terms of rent agreement serve a legal notice to your ex-tenant and file a case u/s.268 of IPC against him for creating public nuisance in the Court of CJM or District Magistrate. You may also escalate your grievance before the Rent Controller appointed under Rent Contrlol Act, However, if the situation went worse, reach out to an Advocate for guidance and steps.
Review the Lease Agreement: Carefully review the lease agreement to ensure that the clause regarding painting the flat is clearly mentioned and that both parties' obligations are outlined.
Document the Damages: Take clear photographs and document the damages to the flat, including the crayon marks, broken tiles, and damaged rods. This evidence will be important if the matter escalates.
Calculate Costs: Obtain quotations or estimates for the cost of repairing the damages and painting the flat from reputable contractors. Keep copies of these estimates as evidence.
Attempt Mediation: Try to resolve the issue amicably by discussing the matter with the tenant. Propose a fair and reasonable solution, such as splitting the cost of painting, as you mentioned. Ensure that any agreements reached are documented in writing and signed by both parties.
Retain the Security Deposit: If the tenant refuses to cooperate or reach an agreement, you may be entitled to retain a portion or the full security deposit to cover the repair and painting costs. However, this should be done in accordance with the terms of the lease agreement and local tenancy laws.
Regards
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