We recently tried to rent out an apartment in Hyderabad. The total amount of deposit was 50 k and we paid 10 k as token amount. 1 week before the move in date, the owner demanded that we draft the rental agreement with a lawyer ( that stays near us ). We stated that this would not be possible due to work hours and the delay in overall procedure ( since they mentioned earlier that they would be the one drafting it out ). In conclusiveness, the owner cancelled the plan to rent us the room and refused to return the token amount (10k ). We also paid 4k from our pocket to get the cleaning done. While we do not have MoU signed, the amount was transferred via bank. If we opt to take the legal pathway, would that play in our favour or rather how good chance do we stand?
30 September 2020
1. Since despite your commitments to landlord, you have indirectly or inadvertently refused to execute the Rent /Lease agreement with the landlord, which is akin to refusal or non-acceptance of the rent /lease agreement, therefore you have caused losses to the landlord. Hence you are not entitled to any relief /refund for any amounts that you may have given or spent or that you may wish to claim.
2. Logically & Legally the landlord would not have cancelled the rent /lease deal with you PROVIDED you had executed the Rent /Lease Agreement. Hence the landlord cannot be legally faulted. It is a prosecutable offence to use /occupy any third party's property without the Rent /Lease agreements.
3. LASTLY, aapka naam-karan nahi hua hai kya abhi tak .... jo aap "anonymous" query puch rahe ho ????