house renting
Ulisse Averna
(Querist) 28 July 2011
This query is : Resolved
After 11 years I'm going to leave the house I've been renting. The last lease agreement will expire on next september. What must I do for the house?
R.Ramachandran
(Expert) 28 July 2011
I do not think anything else except handing over the peaceful vacant possession of the house to the house owner. If you have anything in mind please discuss.
Ulisse Averna
(Querist) 28 July 2011
I'm sorry but I'm Italian (married to an Indian woman) and I don't know Indian laws. The owner, who has my caution of 1,5 lakh, asked me to repaint the whole house. In Italy we must repaint only the interior walls, because the maintenance of the external walls belong with the owner.
Ulisse Averna
(Querist) 28 July 2011
After 11 years I'm going to leave the house I've been renting. The last lease agreement will expire on next september. I'm sorry but I'm Italian (married to an Indian woman) and I don't know Indian laws. The owner, who has my caution of 1,5 lakh, asked me to repaint the whole house. In Italy we must repaint only the interior walls, because the maintenance of the external walls belongs with the owner.
What must I do in India for the external walls of the house?
R.Ramachandran
(Expert) 28 July 2011
Please indicate in which place in India you are located.
n.k.sarin
(Expert) 28 July 2011
every thing depends on the terms and condition of the lease deed.Both of you bound with the terms and condition agreed between.If in the lease deed there is a condition mentioned and agreed that at the expiry of the lease you have to paint all the house then you are liable ,if there is no above said condition mentioned in the lease deed you have not to worry.
Ulisse Averna
(Querist) 29 July 2011
Thanks to the experts R.Ramachandran and n.k.sarin for their kind reply, but I didn't solve my problem. The house I'm still renting till the end of september is situated in Periyamudaliyarchavadi, 8 km from Pondicherry, in Tamil Nadu. In the last agreement of rent it isn't specified anything about the house maintenance and this is the reason why I'd like to know what it's prescribed by the Indian law about the external walls, if any. I'll be very happy if I could know the address of an expert about this matter near (or inside) Pondicherry, so I should be able to talk directly with him and pay his fees without bothering other people... I need a help, or an affordable answer or an address. Is there any possibility?
R.Ramachandran
(Expert) 29 July 2011
Dear Ulisse,
In India there is no unwritten law that whenever a tenant leaves the house (whether within a short duration or after say 10-11 years or so) he has to either paint the inside of the house or the outer walls of the house.
It all is governed by the terms in the rental agreement.
At best, the landlord can only ask that all the fittings and furnitures handed over should be given back in tact - and in case of any damages the same should be compensated or replaced. Nothing more nothing less.
Having said this, you can definitely look for a lawyer by visiting the Court premises in Pondicherry - make subtle enquiries as to the availability of the suitable lawyer. One thing is sure, unless the rental agreement demands that the house has to be painted inside or on outside wall, you have no obligation whatsoever to do so. The landlord is taking you for a ride! All the bests.
M V Gupta
(Expert) 30 July 2011
You have stated that the lease agreement is silent on the question of repainting at the time of vacating the property. Normally the lease deed provides that the lessor shall paint the premises periodically after certain specified interval. In terms of Section 108 (B)(m) of the Transfer of property Act, the tenant's obligation is to hand back the leased property in as good condition as it was at the time the property was given to him, subject to normal wear and tear. So if any of the fittings are damaged u are under obligation to repair them. If ur agreement provides for repainting by the Land lord at regular interval then u will not be under obligation to repaint the premises at the time of vacation.
RAJU O.F.,
(Expert) 30 July 2011
If the rent agreement does not mention any maintenance or repainting of the interior/ exterior walls, vacate the house saying a big THANK YOU. Your monthly rent will compensate the maintenance. Here there is no practice of repainting by the tenent.
Ulisse Averna
(Querist) 30 July 2011
so.... I'm very happy for your kindness!!! I think no need to go further with my query, thanks to your real good answers. I was sure I could trust in this lawyersclub to get satisfied. Thank you very much to all of you (and sorry for my incorrect english). Ulisse Averna
