Landlord Withholding Advance & Charging Me for Damages Caused by Previous Tenants – Legal Advice Needed (India)

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      User_b25d3605
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        U
        User_b25d3605
        PARTICIPANT
        May 4, 2026 at 1:25 pm
        # Background

        I moved from a **1st‑floor flat to a 3rd‑floor flat** in the same society when the 1st‑floor owner decided to sell. Through society contacts, I learned that the 3rd‑floor flat was being vacated, contacted the owner via the *then tenant*, and occupied the flat on **01 May 2023**.

        Due to lack of alternatives at the time, I moved into the flat **in an as‑is condition**, which was **unpainted and in poor shape**. The owner verbally told me the flat would be handed over **without repairs** (except painting).

        # Condition of the Flat at Move‑in

        * 2BHK flat, **very poorly maintained**
        * No fresh paint initially (painting was done **after I moved in**)
        * Electrical switchboards, plugs, and kitchen trolleys were already damaged
        * General wear & tear clearly exceeding one tenancy

        Because paint work was ongoing and unsafe for kids, I:

        * Locked my belongings in the master bedroom
        * Sent my family (600 km away, to another state) for the month of May
        * Paid **full rent** during this period

        The **painting of the master bedroom & bathroom was completed only in early June**, after my family returned.

        I did not immediately report all issues because:

        * The **owner was known to be unresponsive** (confirmed by the previous tenant and verbally admitted by the owner himself)
        * I gradually fixed several issues **at my own cost** just to make the flat livable

        I have **photo evidence of ~50% of the pre‑existing damages**.

        # Owner’s Silence for 3 Years – Then Sudden Action

        I vacated the flat **exactly after 3 years (29 April 2026)**.

        * The owner visited the flat on **01 May**
        * Suddenly claimed the flat had been in “perfect condition” earlier
        * Is now holding me responsible for **all damages accumulated over a decade**
        * Withholding my **₹40,000 advance** and using it for extensive repairs

        The owner now claims:

        * He spoke to the **previous tenant (who lived there 6–8 years)** and that *even the previous tenant was shocked at the damages*
        * This is **not true**, as many of the items are in *better condition now* than when I moved in
        * I also have **photos showing improved condition**

        Important context:

        * The owner, previous tenant, and new tenant are all from the **same state**
        * I am the **only outsider**, and I had already left the state when this issue escalated

        # New Tenant Angle

        The new incoming tenant (newly married) pointed out multiple issues and demanded repairs, which:

        * Prompted the owner to finally visit after years
        * Resulted in a **long list of repairs**, most unrelated to my tenancy

        Despite all this:

        * I went out of my way to show the flat to **15+ prospective tenants**
        * Ensured **zero vacancy loss** for the owner
        * A new tenant was finalized before I vacated

        # Current Situation

        * Owner is **selectively ignoring my messages**
        * Keeps forwarding photos of *ongoing repair work* to justify deducting my full advance
        * When confronted, I asked him to share **proof/photos of the flat’s “perfect condition”** at handover — no response
        * I have submitted several photos clearly showing **pre‑existing damage**

        # What I Need Help With

        * What **legal or practical options** do I have to stop this clear extortion?
        * Is **withholding the entire advance legal** without a jointly signed inspection report?
        * How strong is my case with **50% photographic evidence**?
        * Best next steps: **legal notice, police complaint, consumer court, or rental tribunal?**

        # TL;DR

        Unresponsive landlord stayed silent for 3 years, then after I vacated, claimed decade‑old damages as mine, withheld ₹40K advance, and is selectively ignoring evidence. I have ~50% photo proof of pre‑existing damages. What are my legal options to fight this extortion?

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