We just moved out of our flat in Whitefield. Our landlord kept one month’s rent and maintenance charges, promising to refund us if a new tenant was found quickly. However, our maid noticed someone already living there. When we asked the landlord, she said it was a free arrangement and the tenancy would begin August 1st. Is this right? Shouldn’t we be getting a partial refund on our rent?

Apni Law
Apni Law
Law Forum › Category: Landlord / Tenant › We just moved out of our flat in Whitefield. Our landlord kept one month’s rent and maintenance charges, promising to refund us if a new tenant was found quickly. However, our maid noticed someone already living there. When we asked the landlord, she said it was a free arrangement and the tenancy would begin August 1st. Is this right? Shouldn’t we be getting a partial refund on our rent?
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Apni Law Staff asked 2 years ago

We just moved out of our flat in Whitefield. Our landlord kept one month’s rent and maintenance charges, promising to refund us if a new tenant was found quickly. However, our maid noticed someone already living there. When we asked the landlord, she said it was a free arrangement and the tenancy would begin August 1st. Is this right? Shouldn’t we be getting a partial refund on our rent?

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Best Answer

Apni Law Staff answered 2 years ago

Under Indian law, your landlord cannot keep your rent and maintenance charges if the flat is occupied without a formal tenancy agreement. You are entitled to a refund for the period the flat was occupied, even if it was a “free arrangement”. You can legally demand a refund for the period before August 1st.

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