How to Resolve Maintenance Charge Disputes in a Leased Property – Legal Rights & Solutions

Maintenance charges are a common source of disputes between tenants and landlords in a leased property. While landlords expect timely payments for upkeep, tenants often question unjustified charges or poor maintenance services. These disputes can become stressful, leading to financial and legal complications. So, how do you resolve disputes over maintenance charges fairly? This guide will help you understand your rights, responsibilities, and practical solutions with clear and simple explanations.

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Understanding Maintenance Charges in a Lease Agreement

Before signing a lease, it is crucial to clarify maintenance charges with the landlord. These charges usually cover various expenses that contribute to the smooth functioning of the property and its surroundings. Maintenance charges typically include:

• Building repairs & upkeep – Fixing leaks, electrical issues, plumbing repairs, and other structural maintenance.
• Common area maintenance – Cleaning and maintenance of lifts, corridors, staircases, and parking areas.
• Water & sanitation expenses – Ensuring regular water supply and proper sewage system maintenance.
• Garbage collection & waste management – Managing daily waste disposal efficiently.
• Society fees & maintenance contributions – Applicable for properties in housing societies, covering overall upkeep.
• Security services & surveillance costs – Payment for guards, CCTV maintenance, and security systems.

Key Points to Check in Your Lease Agreement

Before finalizing the lease, always check these points:

• Who is responsible for what? Ensure the contract defines maintenance responsibilities for both parties.
• Breakdown of charges – Fixed or variable costs should be clearly mentioned.
• Payment terms & due dates – Understand when and how payments should be made.
• Penalty clauses for late payments – Be aware of any additional charges for late maintenance fee payments.
• Procedure for dispute resolution – Ensure the contract outlines steps to resolve conflicts.

A well-defined lease agreement can prevent misunderstandings and provide legal backing if issues arise later.

Common Disputes Over Maintenance Charges

Tenants and landlords may face disagreements over maintenance charges due to various reasons, including:

1. Unexplained or sudden charge increases – Unexpected hikes without prior notice.
2. Landlord failing to provide promised maintenance services – Poor quality services despite regular payments.
3. Unclear terms in the rental agreement – Vague clauses leading to misinterpretation.
4. Charging tenants for repairs that are the landlord’s responsibility – Tenants being forced to cover major repairs.
5. Poor maintenance despite regular payments – Complaints about cleanliness, security, or repairs being ignored.

Identifying the root cause of the dispute helps in finding an appropriate solution.

How to Resolve Disputes Over Maintenance Charges?

1. Communicate with the Landlord or Property Manager

• Start with a polite discussion – Explain your concerns clearly.
• Ask for a breakdown of charges – Request a detailed explanation of the expenses.
• Discuss maintenance quality – Point out areas where maintenance is lacking.
• Propose alternative solutions – Negotiate a reduction or suggest a fair distribution of costs.

A simple conversation can often resolve misunderstandings without legal intervention.

2. Refer to the Lease Agreement

• Check for maintenance clauses and responsibilities.
• If repairs fall under the landlord’s duty, highlight the agreement terms.
• Use the document as legal proof if the landlord refuses to cooperate.

3. Get Written Documentation

• Always request receipts and written explanations for any maintenance charges.
• If services are not being provided, document issues with photos/videos.
• Maintain an email record of complaints and responses.

4. Involve the Resident Welfare Association (RWA) or Society Committee

• If your property is in a society or apartment complex, approach the RWA or society committee.
• Lodge a formal complaint and request an audit of maintenance funds.
• Collective complaints from multiple tenants can carry more weight.

5. Send a Legal Notice (If Necessary)

• If discussions fail, issue a legal notice to the landlord.
• Clearly mention unfair charges and demand corrective action.
• A lawyer can draft a strong notice stating how unjust charges violate rental terms.

6. File a Complaint with the Rent Control Board

• If the dispute remains unresolved, approach the Rent Control Board or Consumer Forum.
• Provide supporting documents like lease agreements, bills, receipts, and complaint records.
• The legal system can intervene and ensure fair maintenance practices.

Preventing Maintenance Charge Disputes in the Future

To avoid conflicts in future rentals, follow these best practices:

✅ Sign a Clear Lease Agreement – Ensure all responsibilities and costs are well-defined.

✅ Request a Monthly/Quarterly Bill – Avoid lump-sum payments without explanations.

✅ Discuss Major Repairs in Advance – If big repairs are needed, have a discussion before making payments.

✅ Keep Records of Payments & Issues – Maintain a file of bills, complaints, and receipts for future reference.

✅ Know Your Legal Rights – Be aware of tenant rights under rent laws to challenge unfair charges.

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Frequently Asked Questions (FAQs)

1. Can a landlord increase maintenance charges anytime?

• No. The landlord must provide prior notice, and any increase should be justified with valid expenses.

2. What if the landlord refuses to do repairs but still demands charges?

• You can refuse payment for services not provided and issue a formal complaint.

3. Can I refuse to pay maintenance if the property is not maintained well?

• Yes, but you need written proof (photos, emails, complaint records) to justify non-payment.

4. How do I report a landlord for unfair maintenance charges?

• You can file a complaint with the Rent Control Board or Consumer Forum for legal intervention.

5. Who pays for damages – tenant or landlord?

• Tenant pays for damages due to negligence or misuse.
• Landlord pays for structural, electrical, and major repairs.

Take Control of Your Rights!

Disputes over maintenance charges can be frustrating, but knowing your rights helps you challenge unfair costs effectively. Always review your lease agreement, document payments, and communicate openly with your landlord. If issues persist, seek legal advice or approach the Rent Control Board to ensure a fair resolution.

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