who will spend on water proofing owner or tenant who will spend on water proofing owner or tenant

3 months ago

i stay in a rented flat. the floor is very old and water seeps into the flat below. The owner of my flat says that since it is my water seeping and the problem was'nt existing before I moved in, I have to spend for the waterproofing at three places, kitchen and two balconies. Please advise.

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
Water seepage from roofs or walls is typically considered natural wear and tear caused on the age of the building, and the owner of the building is liable to get it repaired from his own pocket. 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 arising out of a rent agreement between the parties. So, in the prevailing situation, you can file an application explaining your grievance before the concerned Rent Controller to resolve the issue amicably. Reach out to an Advocate for guidance and steps.
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Anik

Responded 3 months ago

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A.Dear Client,
In a rented flat, the responsibility for maintenance and repairs often falls on the landlord unless specified otherwise in the rental agreement. If the water seepage issue is due to structural concerns or pre-existing conditions, it's generally the landlord's responsibility to address and fund the necessary repairs. However, if the landlord insists on you covering the cost, it is essential to review your lease agreement. If there is no explicit clause stating that you are responsible for waterproofing, you may communicate your concerns to the landlord in writing, requesting that they undertake the repairs as per their responsibility. If the issue persists, you may consider seeking legal advice or contacting local tenancy authorities to understand your rights and the landlord's obligations under the tenancy laws applicable in your area. Documenting the issue and maintaining communication in writing can be crucial in such situations.
Thankyou
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Kishan Dutt Kalaskar

Responded 3 months ago

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A.Dear sir
It is mutual agreement between you and landlord. wear and tear will be there which requires permanent replacement of flooring as such it is the look out of the land lord.
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