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Increase in rent within 3 months

(Querist) 31 October 2014 This query is : Resolved 
Hi Sir,
I am caught in a situation where the rent of my house is increased due to a sudden increase in maintenance charges by the building society and owner has refused to share the burden.
I am staying in bangalore. In July 2014, I moved to a new property as a tenant. The owner told me that for first three months I had to pay the rent+building maintenance to him and post that from October on wards I would have to pay the rent to him and the building maintenance amount to the society.
The rent that was agreed was 18000 and maintenance charge as 2000.(All figures per month).
At the time of entering the house I had checked several times with him on this arrangement that when in October I would have to pay the building maintenance to the society, what will be the amount. On this he always gave me some vague answers.
Now in october, the society increased the maintenance to 4000 INR from 2000 INR, causing my overall rent to become 22,000 from 20,000 in only 3 months.
On raising this concern to the owner, the owner has asked me to either pay 18 K (to owner) + 4k (to society) or I should look out for other options. Since I was travelling abroad at that point of time, i paid 4K to the society chairman, and now owner is asking me to pay 18 K to him.
This is harassment, because in July only i started renting the house, paid brokerage to the broker and paid 1,30,000 INR as security. Now leaving a house in 3 months, will also make me loose 18K as paintaing amount etc.
Please assist if I can get any help or advice from a government body. I am a single person staying alone in the house and an increase of maintenance charge from 2,000 INR to 4,000 INR does not make any sense to me.
Please advice.
Thanks,
Arpit
Devajyoti Barman (Expert) 31 October 2014
If there is clause in the rent agreement as regards maintenance charges to be paid by you, then you have no escape route.
You should have mentioned in the agreement an amount above which you would not be liable for payment of maintenance charges in the even the same is increased.
ajay sethi (Expert) 31 October 2014
1) you are bound by terms of agreement signed by you

2) mistake you made was you did not get agreement vetted by lawyer .

3) generally liability of payment of society maintenance is on the flat owner .

4) licencee only pays licence fee .

5) in your case you have been taken for ride by flat owner .

6) search for another flat in vicinity
Rajendra K Goyal (Expert) 31 October 2014
All the terms and conditions of rent agreement need to be seen before any advice.

You have the option to search for some other premises.
Rajendra K Goyal (Expert) 31 October 2014
All the terms and conditions of rent agreement need to be seen before any advice.

You have the option to search for some other premises.
V R SHROFF (Expert) 31 October 2014
you have no choice. You are bound to pat 4k mtn
Owner want 18k p m and it is fixed
nothing more to add
Arpit (Querist) 01 November 2014
Thank you Sir for your reply and advise.

I would like to bring to notice that there is a clause in the agreement that :

1. TENANT has agreed to pay a rent of Rs.18000/-(Rupees Eighteen thousand only) per month .The tenant has to deposit the rent every month in owner’s account “XXXXXXX", BANGALORE).

2. The TENANT has to pay 2000/- (two thousand rupees only) per month as maintenance charges to the owner for the first one year after that tenant has to pay the maintenance charges to the apartment association and the electricity charges to the KEB authorities and water charges if any, from time to time and owner shall pay the property taxes.

3. That the TENANT has paid an advance of Rs 1,30,000/-"


My query is with point 2. When i asked him that it says 1 year I should pay the money to him which has been fixed at 2000, his reply is that it is 1 year from the start of the house which he bought in Spetember 2013. Is that a valid argument. The agreement says one year. And agreement start date has been July 2014.

Please advise, if this is right or wrong.

Regards,
Arpit
R.K Nanda (Expert) 02 November 2014
consult local lawyer.
Devajyoti Barman (Expert) 08 November 2014
After 1 years you have to pay tax and cahrges whatever is assessed on the flat.


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