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Jayashree (self)     26 October 2012

Disputes between lessor and lessee

I live in Europe and i own a flat in Bangalore.  I gave it for Rent.  The tenant signed the agreement but i did not sign it as i live abroad.  He vacated now and has made huge damages to the apartment.  Now he refuses to pay for damages, pay for other charges stating, we did not sign the agreement.  Have i lost all the money?

Its mentioned in the agreement that i can take money from security deposit, for the damages.   Cant i hold back that portion of security deposit, if i have not signed the agreement?


 5 Replies

Ashish Bansal (service)     26 October 2012

Since you have not signed the agreement...virtually there is no contarct between you and your tenant as lessor and lessee. And since there was no contract you cannot ask for damages and viceversa i.e. your tennant cannot ask for security refund. If your tenant is still occupying your flat, he will be treated as tresspasser in your property. You can frame charges against him as a tresspasser. But since you might be getting rent, wait for eXpert advice on this forum regarding your legal position.

Naveen Kumar (service)     26 October 2012

However he vacated, so you can pay back the security amount after forfeiting the damage amount and also there is no contract/agreement between you and your tenant so there is no question of paying back the advanceamount 

anil gupta (n.a)     28 October 2012

I have a question to ask .how can put my question?

Naveen Kumar (service)     29 October 2012

As same as how u replied for this query

anil gupta (n.a)     29 October 2012

i am a tanent in a flat since jan 2012.and paying rent regularly and not getting receipts.now my landlord ask me to vacate on completion of 11 months where as i am ready to increase rent by 10 %.what i can do to hold the same for 2 more years?

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