I am living in a rented flat 3 BHK 3T flat. The Lease Agreement expired on May 2014. At the time of moving into the premises we noticed 2 toilets were non functional ie. water was not coming totally in one toilet, in the other the flush ball valve was broken and water was trickling in the bathroom taps. We also noticed substantial erosion of taps, pipes and flush cistern due to salt water usage. The entire neighbourhood is unable to use ground water due to high saline content. For nearly 7 to 8 months we kept chasing the landlord over phone. He had very categorically told us not to keep resorting to a written communicated mode and to have a pleasant friendly mode of two way communication ie. pick up the phone and talk. He also very categorically mentioned that if we resort to documenting everything by mail/letters he also would be very strict and create problems. We took his word and followed suit not wanting unnecessary problems. The lease agreement clearly states that "The Lessor shall refund the deposit on expiry or termination of tenancy after adjusting cost of expenses, claim or demands of the Lessor at the time of delivery of vacant possession at termination of the agreement". It also states that two months notice period is required for termination. The door frames have also been infected with termites. On consulting a building contractor we learn that the builder failed to use any proper pest control measures and also completed the construction using salt water. Due to this not only our flat, other flats in the building are facing the same problem.
Now that I wish to move out the landlord is holding me responsible for the termite and non working of the toilets. He claims he gave me the house in absolute working tip top condition and now I have to pay back damages towards rectification of all the toilets, replacement of door frames, painting of the house etc. In the past his plumber has come a couple of times when we faced water blockage. He has confirmed that the ball valve in the toilet cannot be replaced as the closet is of a very old model. He also confirmed that water blockage is due to dirty overhead tank and salt water erosion in the pipes. He also confirmed that one toilet cannot be used at all due to this blockage.
How do I go about recovering my deposit? The flat has been maintained by me in absolute good condition.
Thanks.
