1bhk rental flat advance

divakarnakshathram (Querist) 29 March 2015 This query is : Resolved
IT HAS BEEN AGREED BY RENTALS FOR 1BHK FLAT AND GIVEN ADVANCE FOR TWO MONTHS on Feb middle AND THEY SUPPOSE TO BE COME ON 1st MARCH on wards,BUT THEY SAID ON 1st MARCH ,they are unable to come for rent and asking for their advance.
mean time, up to the end of February so many members came for 1BHK but we said already occupied. Due to their decision we lost full march month rent .So we said to keep us one month and give back one month money . But they arguing...
Give me the better suggestion.

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Devajyoti Barman (Expert) 29 March 2015
Since due their cancellation you have lost rent from other tenants, you can forfeit the advance rent.

Guest (Expert) 29 March 2015
Did you enter in to any agreement with the prospective tenant? If so what are the terms of the agreement?

Rajendra K Goyal (Expert) 29 March 2015
Try to have amicable settlement with the tenant, your claim is justified in the given facts.

Kishor Mehta (Expert) 29 March 2015
Sir,

It will solely depend on the written agreement. Whether any receipt has been issued for the advance, the terms of the receipt will be important.

Good Luck,
Kishor Mehta

T. Kalaiselvan, Advocate (Expert) 03 April 2015
Did you execute a rental agreement in this regard?, whether such agreement contains the said clause of forfeiture?, Donot run a risk and be so narrow minded about one month rent, better refund and look for a better person and atleast now enter into an agreement with clear terms and conditions on such events.

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