An important decision of the Delhi High Court has given great relief to the tenants by curbing the arbitrariness of the landlords. The court has made it clear in its decision that money cannot be deducted from the security deposit deposited by the tenant in the name of painting of walls, minor wear and tear or minor repairs.
According to the court, deduction from this amount can be made only when the loss is caused intentionally or is of very serious nature.
According to the law, compensation can be taken from the tenant only for that loss which is more than the normal use. The landlord must also prove that the damage was actually caused by the tenant. Also, the expenditure incurred on repairs was justified and necessary. Arbitrary deduction cannot be made from the security deposit without proof.
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Recently, Delhi High Court gave an important judgment on this issue in the case of M/s Ritus Heritage and others vs. Sangeeta Gupta. The court clarified under what circumstances the landlord can recover the repair and renovation expenses from the tenant. The owner had claimed that he had spent Rs 7 lakh on repairing the house after it suffered severe damage. Of these, Rs 4.5 lakh was spent on repairing the second and third floors which were put on rent.
On this claim, the landlords also attached bills, receipts, invoices and photographs of the house after the house was vacated in the court. He said that after the tenant left, lakhs of rupees had to be spent on repairing and renovating the property. The court also held in its decision that if the tenant has caused more than normal external or internal damage to the house, then compensation for the same can be recovered from the tenant.
The court, while examining the photographs, found that some electrical fittings had been removed and such damage had been caused to the property which could not be considered part of normal use. The tenant may be responsible for such damages. This decision of the court has made it clear that while vacating the house, the landlord cannot arbitrarily deduct money from the security deposit in the name of painting, whitewashing or general maintenance. But if the tenant has caused damage beyond normal use, he can be charged the cost of repairs. That is, the decision will depend on whether the damage is just normal wear and tear or is actually caused by the negligence of the tenant.
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