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Claim for damages caused by tenant to furniture and fixtures.


24-Jul-2023 (In Civil Law)
Dear Sir, I gave my flat in for rent for Rs. 10500/- per month with a month security deposit with a rental agreement. In the agreement, the rent is mentioned as Basic Rent Rs.6 000/, Rent for furniture Rs. 4500/-. Total rent Rs. 10500/-. Tenant has stayed in flat for three years and recently vacated. However, I discovered that there are lots of damages to the furniture. The tenant used the water purifier continuously for three years without servicing it. Due to this, two filters and the motor got damaged. The water heater was not serviced and hence its heating coil needed replacement. While vacating the flat, the tenant did not even clean the house. He left the flat without doing fixing any of the damages. The total cost of cleaning the flat, repairs, Rs. 12535/-. He is refusing to pay any of these damages. He says that since the rent for furniture is also part of the rent, then the damages caused is not his responsibility and he is pressing me to pay deposit. What should I do?
Answers (2)

Answer #1
782 votes
Dear Sir, It is quite interesting issue and complicated matter of landlord-tenant disputes. It is informed that the tenant used the water purifier continuously for three years without servicing it, due to which, filters and motor damaged. It is also stated that while vacating the flat, the tenant did not even clean the house and he left without doing fixing any of the damages and he is refusing to pay the damages. You can better file suit for recovery of damages of Rs12535/ and other costs from the tenant and also for direction to him not to press you to pay deposit. You can as well contact an Advocate for legal Advice and file the suit for damages and costs.
Answer #2
594 votes
Dear Sir, You can recover the amount towards the damages caused by the tenant to your property. You can proceed with deducting the amount of damage from the security deposit. If the security deposit does not cover the amount of damage done, you can take your tenant to the court to hopefully get the rest of the money you are owed from the court. Hope this helps.

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