Prospective lessee threatning stay order
Amit Gupta
(Querist) 27 April 2018
This query is : Resolved
I signed a LOI with a prospective lessee and he deposited cheques towards the 3 month security deposit. Upon repeated reminders the lessee did not sign the lease for one reason or the other and after 1 month of signing the LOI he informed me that he is not interested in taking the property on lease and asked me to refund his money. I agreed to this but told him that I will deduct amount equivalent to one month's rent as that is the time my property was engaged with him by the virtue of LOI. He is disagreeing and now he is threatening to take me to court and get a stay order so that I would not be able to lease my property to anyone else. My question is (a) can he get such a stay order from the court and (b) is it not fair for me to cut the rent for the amount he kept my property engaged and purposefully did not sign the lease.
Please provide your expert guidance. Thanks.
Dr J C Vashista
(Expert) 28 April 2018
It is a premature situation, refund his amount after deducting rent for 1 month as per terms of lease, if it has been agreed.
Amit Gupta
(Querist) 28 April 2018
Nothing has been agreed in writing. It is a verbal agreement. Plus he is creating frivolous grounds that the building is not allowed for his activity which is not true.
