Cost of rented property maintenance is often common point of dispute between landlords and tenants. Usually, it depends on the mutual terms and conditions as agreed upon and laid down in the lease agreement. The landlord has to ensure that the tenanted premises are habitable and safe, with adequate repairs undertaken. In case a landlord is unable to do so, the tenant may undertake these repairs, with a proper notice to the landlord, mentioning the nature of problem, inconvenience, safety hazards, and the necessary steps required to correct the problem. It should be mentioned that, in case the landlord fails to undertake these repairs within the specified time, the tenant will have it done and will be eligible to recover the amount spent from the landlord. However, this covers only repairs that are essential and urgent.
The Rent Control Acts says, that a landlord is bound to keep his premises in good and tenant-able repairs. If a landlord fails to undertake any repairs, the tenant may do so himself and deduct the expenses from the rent payable to the landlord. This is subject to the condition that any amount deducted or recoverable in any year will not exceed 1/12 of the rent payable by the tenant for that year.
In case of repairs, without which the property is not habitable, and the landlord fails to do so notice in writing, the tenant may apply to the rent controller under the Rent Act for permission to undertake the repairs himself. He should submit to the controller an estimate of the cost of such repairs too. After considering the estimate of cost, controller may by an order permit the tenant to undertake the repairs. It will then be lawful for the tenant to undertake the repairs and deduct the cost. The costs can be recovered from the landlord.
