Rent token agreement

Querist : Anonymous (Querist) 28 September 2020 This query is : Resolved
Hello Team,

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?

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A prospective tenant paid a token amount of ₹10,000 for an apartment in Hyderabad, with an additional ₹4,000 for cleaning. The owner later demanded a lawyer-drafted rental agreement, which the tenant couldn't accommodate due to work. The owner then cancelled the rental and refused to return the token amount. The tenant is seeking advice on their legal standing to recover the ₹10,000 token and the ₹4,000 cleaning expenses, despite not having a formal MoU signed, as the payment was made via bank transfer.

Dr J C Vashista (Expert) 29 September 2020
What is the dispute / problem / your question and identity ?

Dr J C Vashista (Expert) 29 September 2020
Consult a local prudent lawyer for appreciation of fact, professional guidance and necessary proceeding.

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Advocate Bhartesh goyal (Expert) 29 September 2020
Legal action may be taken to get refund of Rs 10,000/ and for Rs 4000/ for cleaning exenses ,you have to submit cogent evidence/proof.

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Shilesh Patel (Expert) 29 September 2020
you can take legal action to perform the oral agreement as you have paid him the amount in advance, or you can institute suit for recovery of money.

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Rajendra K Goyal (Expert) 29 September 2020
You can take legal action for recovery.

If the deal was not commercial, may lodge complaint with the consumer forum.

However, you may have to spend considerable amount for recovery in lawyers charges.

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P. Venu (Expert) 29 September 2020
The issue is not worth filing a court case. May be a Notice through an Advocate could settle the issue.

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Hemant Agarwal (Expert) 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 ????

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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