The rental agreement for the house which I will vacate in December 2011 has the following clause -
'The LESSEE has to get the house painted at his own cost at the time of vacating the premises or cost of the same shall be deducted from the security deposit.'
I have stayed in this house for 20 months. Since I am not going to get the house painted on my own cost, the house owner says he will deduct the painting cost from the security deposit. The agreement is silent on the amount of these charges. The house owner says he will charge Rs.25,000 which is three times a month's rent. It is unfair and shameless extortion of my hard earned money.
The questions are -
1) How much painting cost the house owner can deduct?
2) Is it the house owner or me who will decide how much to deduct?
3) Is the cost charged to paint and bring back the house to its position as it was when I started living there it or is it just to whitewash the house?
4) Is it fair to charge the entire painting cost on the tenant who has stayed only for 20 months? Why should the tenant bear the cost of painting the house when it will benefit the house owner?
Let's say he paints the house when I vacate it for five years (60 months). Then I should pay him only the cost for 20 months (the period I stayed). There is no need for me to pay the entire 60 months' painting cost. The painting cost charged on vacating is generally limited to one month's rent. It is the unwritten understanding that tenants and landlords have in Bangalore.
My house owner is unfairly charging me. Do I have a case against him?