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Is tenant responsible to pay if the agreement was not renewed


09-Jan-2023 (In Property Law)
I was living in rented flat for 3 years. I have vacant the flat 45 days ago. I was living with my wife and 2 year son. During this 3 years period my son written on three walls of flat with color wax pencil. Now landlord call me and demand for money for paint that paint. And giving reason that your 2 years son written on the wall. At time when I was shifted into the flat a rent agreement was signed by both the party. During this 3 years tenure the agreement was not renewed. Also landlord never did whitewash during the period. In the rent agreement he has given in the first year which has expired, it was mentioned "lessee shall not cause any damage to the said premises and in case any damage is caused the said premises by the lessee, the lessee shall be responsible for the same and the lessee with liable to restore the same in its original condition or pay cost thereof, except normal wear and tear". Flat already white washed by the landlord this week. Please suggest what I should do?
Answers (3)

Answer #1
755 votes
Since normal wear and tears as you mentioned do not make you liable as there was an explicit agreement for the same. You will not be liable as the alleged damage was not covered in the agreement and there was no extension of the said rent agreement !!
Answer #2
848 votes
If the rent agreement has expired and there is no legally binding agreement between you and the landlord then he cannot claim compensation for white wash. Also further details are required with respect to the liability for maintenance vide the expired rent agreement for proper evaluation of the matter.
Answer #3
985 votes
If you vacated the house 45 days ago and the landlord had settled everything at that time, he is not supposed to ask for anything now after 45 days. Someone eles could also damage the wall after you vacated. Just refuse to pay anything on this count and don't accept that the wall was colour wax written at that time. Don't sign anything or give in writing.

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