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Madhubanti (None)     29 April 2015

Tenant not accepting damages done

Our tenant has vacated our house after staying for 23 months (location: Bangalore).  The tenancy was subject to contract, which included a full inventory of items in the house.  Before renting out, the walls were not freshly painted but they were absolutely clean without any marks.  The tenants have defaced the walls by allowing their children to scribble all over.  They have fixed 20-30 nails on the walls and even on furniture in violation of a contract clause that prohibits this.  They have badly scratched one of the doors.  There are also writings and burn marks on some furniture.  They tried to clean some of the walls, but instead of becoming cleaner, there are now big black smudges on the walls.  We are deducting the charge for these damages from the security deposit.  This is based on the actual quotation from the vendor for repairing and polishing the damaged furniture items and for painting the walls.  For painting, we are only charging them 60% of the amount the vendor has quoted, and giving 40% discount for normal wear and tear.  The tenants are refusing to pay even one rupee for these damages.  They are claiming that it is normal to fix nails, burn furniture and for children to write on the walls and that they cannot be held responsible for any of these actions, as it is a normal part of staying in a house.  In writing, they are saying that we are cheating, swindling, extorting, hoodwinking etc.  They have also said that they don't care about the contract or its clauses.  They returned the cheque we gave them for the balance security deposit.  My question is, what can we do to make them accept the cheque?  It is impossible to talk to them because anything we say is answered by them with "I don't care what you say".  They have also threatened us indirectly by saying "there are other ways of getting the money" and "you don't know anything outside your 4 walls".  Is there a legal authority with whom we can deposit the cheque and ask them to collect it from there?



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 5 Replies

Hardeep (Business)     29 April 2015

1) send them a registered letter explaining deductions and saying you are ready to give balance against a properly acknowledged receipt. Take photographic evidence of all damages done, preferably signed by a witness. 2) record their threats and report the same to Police. Keep track of all developments and evidences.. Fact is there are people who threaten. Either you can cow down and suffer or make your case stronger. Just my opinion. Take legal counsel locally.
1 Like

(Guest)

sir,
no need to cow down here. if you had really faced the damage, as advised by the expert, send out a registered post notice stating the damages expense and final amount to be settled and tell them them anyting beyond this point should either be handled by the police or through court..dont indulge in any verbal abuse or any sort of illeagl activity to evict him..law takes time but nothing is stronger than it.. tell him that until he vacates, the rent will be deducted out of the deposit..if he tells you that there are others ways to make money, give him back the same statement that there are other ways for him to earn this money as well and not by making the damages and making other to suffer.
if he says he doesnt care..tell him the same that you dont care as well...
everything should be do through police and file a eviction suit as possible and damage his reputation as much as you can. and let him suffer finding a place to live .

1 Like

(Guest)

and if he says,he doesnt care about the contract and clausaes..tell him,it is very well good and consdered that there is no proof of deposit and remind him that he is now a illegal stayer in the house with the contract and clause papers invalid.. screw the tenants who give hard time to genuine and good owners so that they dont repeat it  anywhere.

1 Like

Hardeep (Business)     02 May 2015

As mentioned by the querist,the tenant has already vacated the flat. Request the neighbors to keep you advised of any suspicious activity. Maybe you can also rope in some local respected people to act as mediators and quickly resolve the situation.

 

it is tenants such as these who firstly harp about " trust " and then start misusing that same very trust who make it all the more difficult for genuine , well meaning tenants as well as landlords . 

 

pl keep us informed as to how the situation resolves.

 

 

1 Like

Madhubanti (None)     06 May 2015

Hello All,

Thank you for your responses.  I thought you may want to know about the progress.  Last Sunday, the ex-tenant Mr. J spoke to my husband over phone.  My husband again politely explained to him the damages and costs and gave him an option to find out better quotations for the repair price.  Mr. J did not get back.  Yesterday he called my husband and handed over the phone to his "friend" Mr. B.  The friend introduced himself as a local "businessman with contacts" and tried to mildly intimidate my husband.  But it turned out that Mr. B and my husband are from the same hometown and even same school.  Mr. B dropped many names (I know this person, that person etc.) but being long-time respected residents of the hometown, my husband's family also know all those people.  When Mr. B could not make much progress, he asked my husband to settle for 70% of the cost "to keep Mr. B's prestige"!  My husband is willing to settle for a lower amount but he has refused to be intimidated.  We have decided to record all future telephone calls from these people.


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