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Question regarding rental agreement

(Querist) 16 April 2012 This query is : Resolved 

I have a house in india and tenant is renting that house. We have legal agreement for 11 months.
I have a borewell in that house's compound. And tenant is using it because it is a part of our house. But we have not specified anything about the borewell in our rental agreement. Now that borewell is not functioning and requires repair. Who is liable for that repair-tenant or me. We let the tenat use it on courtasy bases and now tenant is forcing me to repair it at the earliest. But we have an estimation and it is big amount of money and I do not want to repair righ now as my financial situation is little tight. Please help as soon as possible.

Shonee Kapoor (Expert) 16 April 2012
Now that is a mistake of not mentioning a specific item in the rental agreement.

Strictu-sensu, you are not under any liability to get the same repaired as of now, nor is the tenant responsible for repair of the same.

You can get the same repaired as and when you wish.


Shonee Kapoor

Raj Kumar Makkad (Expert) 16 April 2012
As the borewell is not the part of your rent agreement so you cannot be forced to repair it. In case tenant wants to use it, he is free to get it repaired and use. You are legally not liable to bear the cost of repair.
ajay sethi (Expert) 16 April 2012
you are not required to repair it
M/s. Y-not legal services (Expert) 16 April 2012
there is nothing to add more.,

am also agree with our senior members., you are not bounded to do the same..

Devajyoti Barman (Expert) 16 April 2012
If this is the only source of water supply in the rented property then it is landlord who is liable for its repairment, not the tenant.
prabhakar singh (Expert) 20 April 2012
Mr.Makkad seems pro land lords in his advises,here and there,every where.

In my opinion even it is not mentioned in the agreement, water being an amenity attached to the house,land lord is bound to keep it's bore well in servicing condition.
Hemant Agarwal (Expert) 18 March 2014
1. IF the tenanted house is being provided Water, from Municipal pipe-lines, THEN the Land-Lord is lawfully not bound to repair the Bore-Well, since the Bore-Well is an additional non-agreement amenity to the Tenant.

2. However if the tenanted House has no other Water source, EXCEPT the Bore-Well, then the Land-Lord is bound to repair the bore-well.

Keep Smiling .... Hemant Agarwal
Devajyoti Barman (Expert) 18 March 2014
wrong some where else.

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