Can landlords ask tenants to pay for repairs after vacating? Here’s what law says

One of the first things that a landlord should do when a tenant says they are leaving the rented property is to check the condition of the room and the facilities (if provided by the landlord). This is important because the tenant is expected to return the property in the same shape it was in when they moved in.

There were a few cases in high court, where the landlord claimed that the tenant had damaged the building so much that he had to spend a lot in repairs. The high court looked at the evidence and did some analysis to figure out how much of the repair costs were the tenant’s responsibility and made a ruiling based on that.

With this in mind, it’s essential for both tenants and landlords to know their legal rights. Keep reading to find out more.

Can landlords ask tenants to pay for repairs made to the building after the tenant has vacated the property?

Prof. (Dr.) Rahela Khorakiwala, BITS Law School, said to ET Wealth Online: “Yes, a landlord can ask a tenant to pay for certain repair expenses after the tenant vacates the property, but only if the damage is beyond normal wear and tear and is attributable to the tenant’s conduct.”

Khorakiwala says that routine maintenance such as whitewashing, painting, or general upkeep is normally the responsibility of the landlord unless the tenancy agreement clearly provides otherwise.

Khorakiwala says that a recent Delhi High Court judgment clearly explains this principle that in landlord-tenant law, the tenant is generally required to return the premises in the same condition as when it was taken, subject to normal wear and tear.

Khorakiwala says: “If the tenant causes damage that goes beyond ordinary use, such as removing fixtures, breaking fittings, or causing structural damage then the landlord may recover the cost of repairing such damage.”

Also read: Tenants cannot avoid paying increased rent on the ground of rent agreement not being registered

Can landlords ask tenants to pay for damages made to the room or building citing the reason that the tenant's action made these?

Khorakiwala says that a landlord can ask a tenant to pay for damages caused to the room or building if those damages are the result of the tenant’s actions and go beyond normal wear and tear.

Khorakiwala says: “However, the landlord must prove that the damage was actually caused by the tenant and not merely due to ordinary use of the property.”

According to Khorakiwala, under general landlord-tenant law, a tenant has the duty to return the rented premises in substantially the same condition in which it was received, subject to normal wear and tear.

Khorakiwala says: “This principle is usually reflected in lease agreements and is also recognised by courts while determining liability for property damage.”

Also read: Danger to human life overrides tenancy claims, says Allahabad High Court, orders tenant eviction and demolition of dilapidated building

What defence do tenants have to counter these demands of the landlord to pay money for repairs or damages to the room or building?

According to Khorakiwala, tenants have several legal defences to counter a landlord’s demand for payment for repairs or damages to the premises.

Courts generally require the landlord to prove that the damage was actually caused by the tenant and that the expenses claimed are legitimate.

Khorakiwala further says that if the tenant can challenge these elements, the claim may be rejected or reduced.

Khorakiwala points out: “Some of the defences tenants can use are that the repairs are from normal wear and tear, lack of sufficient evidence or proof from the landlord, the damage was pre-existing or caused by others, costs are inflated, or that the terms of the agreement state that the landlord is to bear these expenses.”

Can the landlord withhold the security deposit because of this?

According to Khorakiwala, a landlord can withhold the security deposit to cover unpaid dues or damages, but only to the extent that the deductions are legally justified and supported by evidence.

Khorakiwala says: “A landlord cannot arbitrarily retain the entire deposit without showing that the tenant actually owes money for rent, utilities, or damage to the property.”