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Vakharia Baldev (Retired teacher)     13 August 2016

Maintanance of building by landlord in rented property

I am aTenant in a rental building, The Landlord does not spend any amount for water r electricity and sweeping of the premises. It is ground + 4 story building, 5 residential Tenants, and 15 commercial tenants. Landlord does not spend for water pump. Electricity and cleanliness of the premises, we the tenants were sharing the cost so far bit recently some of the commercial tenants have stopped contributing, Can we Make Landlord pay for the Maintanance charge.Is there a law in rent actto say that landlord is bound to give this services. How we can go about, please guide, I am in MUmbai south.


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 2 Replies

adv.bharat @ PUNE (Lawyer)     13 August 2016

Have u made registered rent agreement?

TOR will define payment of maintenance charges by owner or tenant.

If u registered society then it is the society liability to do all kind of maintenance of society.

Thus formation of society is solution for it.


(Guest)

Your matter comes under provision of Maharashtra Rent Control Act 1999,

I am prity sure if you are old tenant you don't have any agreement etc.  You may have some chit of receipt nothing else.

Practically your problem is further complex out of 20 tenants only 5 are residential.

Generally it is observed commercail tenants are not interested much in upper floor as they are on ground floor.

There is provision in Maharashtra Rent Control act that Landlord duty to maintain the premises in tenanted good fom. But Land lord protest that in neglibile rent he can not do anything. and tenant says it his duty and so all buildings are in very bad shape without maintaince and this is problem all over Maharashtra regarding such buildings.

Practical solution will be 

1) Tenant Spend some amount from their pocket

2)  He keep record in proper file how much he have spend etc.

3) Legal solution you can ask for deduction in rent from land lord or appoach small cause court but that too become costly afffairs.

4) Land Lord approach is you are staying you spend ,etc. , that is why all tenanted buildings are in very bad shape 


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