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Q.

Can House Owner Hold You Responsible for Furnishing Replacement?

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A common query I came across is, can house owner hold you responsible for furnishing replacement? Whether a tenant can be held responsible to replace or repair furniture or fixtures provided by the landlord depends primarily on three factors. It includes the written lease agreement, the cause of damage, and what is considered reasonable wear and tear.

Are Homeowners Holding You Responsible for Furnishing Replacement?

If the tenancy contract clearly states that the tenant must maintain, repair, or replace certain furnished items or appliances in case of damage (beyond normal usage), then the landlord can enforce that clause. But in the absence of such a clause, the default is more favorable to the tenant.

  1. Furnished rentals are those where the landlord supplies furniture or appliances. In such cases, at the start of tenancy, the landlord must hand these in good working condition.

  2. During the tenancy, if something breaks down due to normal wear and tear, for example, a refrigerator ceasing to work after many years of use, the aging of furniture, or general degradation, the landlord is usually responsible for repairing or replacing it. 

  3. If damage is caused by misuse, neglect, accident, or intentional harm by the tenant (or their guests), then the landlord can require the tenant to repair or replace the item. The landlord may deduct repair or replacement costs from the security deposit or seek payment separately.

Indian case law and rental practices support that wear and tear is not the tenant’s liability. It is best that you check your rental agreement.

Draft Rental Agreements Online via NoBroker to Understand Your Rights and Responsibilities.


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