Full Rent Deposit denied by landlord by wrongly applying charges deductions
1 month ago
I had recently vacated a flat after following due procedure. But the landlord denied me my entitlement to the full deposit held by him by wrongly applying charges and deductions on my deposit amount which are mainly maintenance and renovation charges to be borne by him as per the lease agreement. Earlier he used force argument with me but for now he has avoided communicating with me as he seemed to be resting assuredly on the fact that limited measures are available to me for redressal of his wrong action. Therefore, I posted before you the question, "what supportive mechanism is there for tenant like me to resort to in this type of scenario, irrespective of the amount involved, for redressal of the wrong action taken by landlord? ".
Your sincere answer is sought in this regard.
In the absence of a specific clause in the lease/rent agreement regarding the refund or adjustment of the advance lease amount upon the cessation of the landlord-tenant relationship at the end of the lease tenure, the landlord generally cannot withhold the refund or use it for unspecified purposes.
Disputes between tenants and landlords are typically addressed under state-specific Rent Control Acts. These Acts empower Rent Controllers or Additional Rent Controllers to handle disputes arising from rental agreements. If you find yourself in a situation where the landlord is not refunding the advance lease amount as expected, you can file an application before the relevant Rent Controller.
In this application, you should explain your grievance and seek resolution through the legal framework provided by the Rent Control Act. The Rent Controller has the authority to address and resolve disputes between tenants and landlords, ensuring a fair and lawful resolution to the matter. It is recommended to consult with legal professionals or refer to the specific provisions of the applicable Rent Control Act for guidance in pursuing this course of action.
It all depends upon the terms of the rent agreement. Normally, in Bengaluru one month rent will be taken towards white washing and also towards wear and tear of the house.
In the absence of any clause of refund or adjustment of the advance of the lease amount on cessation of the relationship on expiry of tenure of lease/rent between the Landlord and tenant explicitly contained in the lease/rent agreement, a landlord cannot withhold the refund or adjust it for any non-specified purposes. 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.