Legal Question in Real Estate Law in India

We have been staying in a rented flat in Ahmedabad since August 2015 with a lock-in period of 6 months. And we are about to vacant the flat on April 30th 2016 for which we have already given notice to the landlord in March 2016. But the landlord has informed us in April that he would deduct Society maintenance charges of Rs.18,000 (for 2016-17) from our deposit as he had to pay the full maintenance if the flat is occupied even for a single month of new financial year 2016-17. He further added he wouldn't had to pay the same if we had vacated the flat in March itself. This is unfair and illegal extortion of money by the landlord as he had not informed earlier about any such charges and Why should we pay the charges when we are not even staying there from May'16. The rent we have been paying was including society maintenance charges. Please advise what should be done in this issue.


Asked on 4/12/16, 8:39 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

You are correct. You r not liable to pay. It is possible that he may deduct it from the deposit. Before he does that, you serve a legal notice. Rest, you can vacate. You can recover it later on, if needed, by filing a suit in civil court or by filing a complaint before rent controller.

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Answered on 4/12/16, 8:24 pm


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