Community › Forums › Legal Advice India › Landlord Withholding Advance & Charging Me for Damages Caused by Previous Tenants – Legal Advice Needed (India)
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UUser_b25d3605
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May 4, 2026 at 1:25 pm# BackgroundI 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 tenancyBecause 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 periodThe **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 livableI 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 repairsThe 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 tenancyDespite 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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