Legal Question in Landlord & Tenant Law in India

My Father entered into a lease with 3 years term on 2nd floor, painting charges 2% of lease amount or to be bared by us.

After completion of term in Oct 2021 we gave extra amount to the owner and by word of mouth extended the term for next 3 yrs without renewing agreement & did not pay the painting charge since we were only staying & he also did not repaint the house. We were actually leasing 1 more house in the same building as the house was small. since the term of 2nd house was over the owner told us to vacate the 2nd house, but we told him that if we are vacating, we will vacate both the houses else give us some time. The owner told us to vacate both the houses. After some months, my father health got upset and due to this we shifted to a rented house due to some medical issues as my father was not allowed to walk. We vacated both the houses but the land lord gave us the amount of only 1 house and now is saying and giving options that

"I don't have the money, so either

1) you can come back and stay here in 1 house only.

2) OR wait till the term of lease is completed even if u want to stay or not.(which is still 2years as per word of mouth). Till then pay all the monthly maintenance charges even if we don't stay".

If he gets any other tenants with-in that 2 years he will pay us back or else we have to wait till 2 years or more than that.

We lost our father, and we are not in a position to go back to the old house.

Also he wants to deduct he painting charges closely equal to 30,000RS saying that 15,000 for 1st year of lease agreement and other 15,000 is for the 2nd term of lease. Even though he has not spoken to us about this while paying him the extra amount and also he did not re-paint the house. If we ask him how can you deduct this, he says it is as per lease agreement law.

please guide me in this matter.


Asked on 2/13/23, 3:22 am

1 Answer from Attorneys

All the plea of landlord are flimsy, malafide and are not tenable in law. However, lease agreement is also required to be looked into to ascertain the terms of agreement and liabilities of landlord and tenant. Get issued legal notice to landlord and claim security amount with interest, cost etc and if landlord fails to comply then file suit for recovery. As such there is no stated lease agreement law.

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Answered on 2/13/23, 6:17 am


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