Can your landlord deduct money from your security deposit or ask you to pay for repainting walls or fixing minor damage? Not always.While tenants may be liable for damage that goes beyond ordinary wear and tear, landlords cannot make arbitrary deductions without proving that the tenant actually caused the damage and that the costs claimed are justified.This question came under the spotlight in a recent Delhi High Court judgment in the M/S Ritas Heritage & Ors vs Sangita Gupta & Anr case, which clarified when landlords are legally entitled to recover repair and renovation costs from outgoing tenants.In this case, the landlords claimed they had spent nearly Rs 7 lakh on repairs and renovation after the tenants vacated the property, of which Rs 4.5 lakh was attributed to the second and third floors that formed the rented premises. To support their claim, they produced invoices, bills, receipts and photographs showing the property’s condition after it was vacated.The court, however, did not accept this claim in its entirety. It drew a clear distinction: expenses arising from normal wear and tear, including routine whitewashing and painting, are the landlord’s responsibility, not the tenant’s.It said, “expenses attributable to normal wear and tear of the tenanted premises, including routine items such as whitewashing and painting, are ordinarily to be borne by the landlord and cannot be fastened upon the tenant.”At the same time, the Court did not dismiss the landlords’ claim altogether. It examined the photographic evidence and found indications of removal of electrical fittings and damage that went beyond what could reasonably be called normal wear and tear. Such damage, distinct from routine deterioration, could legitimately be attributed to the tenant.The Court also took note that the building had four floors in total, while the disputed claim of Rs. 7,00,000 pertained to the entire structure, an important factor in determining how much could fairly be apportioned to the suit property alone. So, if you’re moving out of a rented home, remember that your landlord cannot automatically deduct money for repainting or routine maintenance.However, if you’ve caused damage beyond ordinary use, you could be asked to pay for the repairs. The key takeaway from the Delhi High Court’s ruling is that the distinction between “wear and tear” and “actual damage” ultimately determines who bears the bill.
