Damp in a Rented Flat: Tenant and Landlord Responsibilities in Pune

Pune and Pimpri-Chinchwad have one of the largest rented-housing markets in the country, concentrated around Hinjewadi, Kharadi, Wakad, Baner and Magarpatta. Every monsoon the same conversation repeats in thousands of flats: water is coming in, and nobody is sure whose problem it is. This guide sets out the split that most leave and licence agreements assume, and what each side should actually do.

The default split

Two caveats. First, this is the common practice, not a statute — your registered leave and licence agreement is what binds. Second, in a co-operative society the owner, not the occupant, is the member, so anything requiring a society decision goes through the owner regardless of who lives there.

If you are the tenant

• Report in writing on day one. Message and email both. A verbal mention to a caretaker is not a record.
• Photograph weekly. A dated sequence showing the patch growing establishes that you reported it early and it was not addressed.
• Keep ventilating. This protects you from the counter-argument that the damp was condensation caused by a closed flat.
• Do not repaint it yourself. Covering the evidence helps nobody, least of all your deposit.
• Move furniture off the affected wall and leave an air gap. Mould on the back of a wardrobe becomes your problem at handover.
• Get written approval before spending anything. If you arrange the repair, have the quotation approved by the owner in writing, in advance.

If you are the landlord

• Act on the first report. A ₹15,000 wall treatment in July becomes a ₹60,000 repair plus a vacant flat by the following June.
• Inspect between tenancies. An empty flat is the only time you can treat a wall or a bathroom without negotiating access, rent reduction or working hours.
• Schedule pre-monsoon, not mid-monsoon. Full systems need dry substrate and a curing window. Work booked in October to May is faster, better and usually cheaper.
• Get a written report before repairing. It tells you whether the defect is yours at all, or the society’s.
• Keep the paperwork. A treated flat with a warranty document is easier to let, and lets at a better rent.

How to settle the leak-versus-condensation argument

Most tenant–landlord damp disputes come down to one question: is this an active leak, or is it condensation from an unventilated room? The two look similar on a wall and are completely different in law and in cost. A moisture survey answers it objectively — a leak shows a wet core and a defined path, condensation shows a uniform surface film with a dry substrate behind it. Because the finding is measured rather than argued, both sides generally accept it. Our guide on telling rising damp, seepage and condensation apart covers the distinctions in detail.

For owners with more than one property

If you hold several flats across Pune and PCMC, treat this as portfolio maintenance rather than a series of emergencies. An annual pre-monsoon check across every unit, scheduled between October and May, costs less than one emergency repair combined with one tenant who does not renew. Property managers, co-living operators and serviced-apartment owners generally scope this the same way as our apartment waterproofing and residential building clients do.

Leakproofs by Betterwork works with owners, tenants and managing agents across Pune and Pimpri-Chinchwad, and issues the same written report to whoever commissions it.

Frequently asked questions

Is the landlord or the tenant responsible for damp in a rented flat?

Structural repairs — leaking terrace, external wall seepage, failed bathroom waterproofing, plumbing inside the walls — are normally the landlord’s. Day-to-day upkeep such as ventilation, keeping drains clear and reporting problems promptly is normally the tenant’s. The leave and licence agreement governs, so check what yours actually says.

Can a tenant deduct waterproofing costs from the rent?

Only if the agreement allows it or the landlord agrees in writing beforehand. Get written consent and a quotation approved before any work starts, otherwise recovering the cost becomes a dispute.

What should a tenant do when damp appears?

Photograph it with a date, report it to the landlord in writing immediately, keep ventilating the room, and do not repaint over it. Prompt written reporting is what protects the deposit at the end of the tenancy.

Does mould in a rented flat count as a landlord problem?

If the mould is caused by an active leak or by structural damp, it is the landlord’s to fix. If it is pure condensation in an unventilated room, it is usually treated as an occupancy issue. A moisture survey distinguishes the two objectively.