Q: My tenant has defaulted the maintenance charges for many months and now he has vacated the apartment without paying the maintenance charges for the defaulted months. Kindly suggest me what to do ?
Even though the previous lessee had defaulted on payment of maintenance charges, so being the owner of the apartment you are liable to make payment of the outstanding dues and penalty. However, you may file a suit for breach of contract and for recovery of amounts paid by you against the lessee in the court of competent jurisdiction.
There was a clause holding the lessee responsible for paying maintenance charges for the entire duration of the lease when we executed the lease deed. Now the lease deed has expired and the lessee has vacated, how should I proceed?
Most maintenance agreements for apartment complexes contain a clause to the effect that the ultimate responsibility of timely and full payment of monthly maintenance charges is that of the owner of the apartment, irrespective of whether the apartment is occupied by the owner, is vacant or given on lease.