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Kishore Kumar T   03 March 2016

Rental act in tamil nadu

Hi I am currently staying in a Rented House at Alandur and given notice to my Owner for Vacating the Premises by March 31st. When I was handed over the house, it was not newly painted but was in good living condition. I stayed here 3 + yrs. Since it is 3 yrs now, then there some shades and scars on the Wall Paint and My owner insists to put a new paint to the entire house..As per the KA Law, I knew it is Owners Reponsibility to paint the house for every 3 Yrs, but it didnt happend in my case.Is the same law applicale in Tamil Nadu chennai. Can you guide me plz with Rental Act in Chennai Link.



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 3 Replies

Kishore Kumar T   03 March 2016

thanks for the guidance. For your info. The walls are not that much dirt nor i made it.

Every object in this world loses its glory on usage for years is an very natural phenomenal behavior. I believe that is the reason that Karnataka government clearly stated in the Rent ACT :

https://dpal.kar.nic.in/ao2001/(34%20of%202001)%20Rent%20Act%20(E).pdf

 

Please see the Page 76 in above link FIFTH SCHEDULE (Section 47-48).

As per the Act, Owner has to bear the Painting charges for every 3 yrs., My request was to guide an proper link for Tamil Nadu.

 

I have replaced with new Exhauster Fan in Bath room after 3.5 yrs. usage, Today he asks to Replace the current Ceiling Fan which gives some low noise with an new one. I already paid around 2k as repair charges

For fan in these 3.5 yrs. I am already paying 600 Rs every month as an maintenance charges. Where this Rs 600 is being used?

How fair it is now asking to replace with new items while I vacating the house.

saravanan s (legal advisor)     03 March 2016

Have you worked out any agreement with the owner.if not he can't force you to abide by the conditions he specifies while you are vacating the house.if you think it's OK to repaint the house just ask him to provide a quote for painting.if it's reasonable you can bear the painting expenses if not you provide a quote from your side and ask him to reduce it from the advance

Kishore Kumar T   04 March 2016

Thanks for ur time in replying. Yes we did an Agreement and it was not renewed after the 1st yr. So i believe that is not valid as of now. Before paying the advance, he clearly stated that Painting charges will be taken if you vacat the house with in an Year , Also he said he is not like other Owners who mint the money from Tenants without any reason, but this is Oral said, not on Agreement. The outdated Agreement states that 'In what ever the condition he is handing over the house, it should hand over to him on the same condition'. If not the amount will be deducted from the advance.

For exhauster fan, its not an new one when we entered and now got it repaired. Since it cannot be reparied further, i have to replace with a new one. Now the same case is for Ceiling Fan though i spent 2K in these 3 Yrs for usage. I believe that if any item that cannot be repaired, he can deduct the amount from my Advance at the depreciation level of that item, not the cost price of an new item. Please clarify this point.

He says that re-paiting would cost about 6K which i cannot afford as per my financial status.

So i would like to know the exact law enforced in this case.

Thanks much --Kishore.


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