Know who bears the cost of repairs in a rented house

When a person rents out their house, it is expected that the tenant will maintain the home properly. However, in reality, it is often observed that when a tenant vacates the house, deep marks on the walls, peeling plaster, damaged paint, or seepage issues are found. In such situations, a major question arises for the landlord: who will bear the cost of repairs? Can the landlord deduct this amount from the tenant's security deposit, or will the tenant have to pay this sum from their own pocket?

According to reports, the answer to this question primarily depends on two factors: the extent of the damage to the house and the reasons for that damage. Regarding the paint on the walls, if a tenant has stayed in the house for a long time, it is common for the paint to fade, lose colour, or become generally dirty over time. Legally and practically, this is considered 'normal wear and tear'. In such circumstances, the cost of repainting the walls is generally borne by the landlord.

However, there are exceptions in the case of paint. If the tenant has made large holes in the walls at various places, or if children have written on the walls with pens or paint, or if the walls have been further damaged due to the tenant's negligence, the landlord can demand the repair costs from the tenant. Similarly, rules are clear regarding cracks in the walls or peeling plaster. If cracks have appeared spontaneously in the house walls or plaster is peeling due to the building being old, the responsibility lies with the landlord.

But, if the tenant has carried out incorrect drilling in the wall, made large holes to hang heavy items, or damaged the wall through any other work, they may have to pay the repair costs. In short, it is extremely necessary to investigate the cause of the wall damage.

Regarding the issue of the security deposit, most landlords take a security deposit from the tenant while renting out the house, which is returned when the house is vacated. If the tenant has caused damage beyond normal usage, the landlord can deduct the reasonable cost of repairs from the security deposit. However, landlords cannot arbitrarily deduct money in the name of normal wear and tear. To maintain transparency, it is more advisable to keep bills or other proper evidence of how much the repair cost was.

Tenants should keep a few important things in mind before vacating the house so that disputes do not arise in the future. First, photos of the defects already present in the house should be kept. Second, the rent agreement made with the landlord should be read very carefully. Third, photos of the walls and other parts of the house should be taken before vacating. If any damage has occurred, the repair process should be discussed with the landlord in advance. Most importantly, when the security deposit is returned, if any deduction has been made, a full account should be demanded.

According to Indian law, the responsibilities between the landlord and tenant are decided based on the rent agreement and applicable rent laws. Section 108 of the Transfer of Property Act, 1882 mentions the rights and responsibilities of the landlord and tenant. Therefore, while determining the repair cost, it is inevitable to look at the terms of the rent agreement, the cause of damage, and its condition.

In conclusion, if the walls have deteriorated due to being old or through normal usage, the cost is generally borne by the landlord. But if the damage was caused by the tenant's negligence or improper use, the repair cost must be borne by the tenant.