1) dont return advance amount of Rs 5000
2) company had given advance as they wanted to take your premises for 2 years on rent
3) if company backed out of deal no question of refund arises
4)it is doubtful company will sue you to recover Rs 5000
Related to rent issue - only advance given but not stayed for 3 months
I am the owner of one small house in cuddalore District, Tamil Nadu. Situation is: one Company asked house for rent for 2 years. so i Received advance of rs 5000 from that company on june month 2017. After the company gave the advance 5k , they wont come for stay in my rent house. I called many times to come and stay,but they replied we will come, we will come, but NOT come so far, till ystrdy. Then today company come and ask the advance 5k and said we will not come. so return the advance. They needn't informed anything for the last three months, for windup. I said, i need money for the lose i faced for this three months, if you (company) not come means, i will allowed some others for rent. (i am not prepared or signed rental agreement) 1. Shall i give the 5k or not.? What is leagal action taken by company, if they put case against me. then i need to do?
Asked 6 years ago in Civil Law
8 Answers
1. It is not clear whether any agreement is made or not.
2.If there is no written agreement then it is very difficult to prove your loss and breach of agreement.
3. Hence it is advisable that you return 5k and close this chapter.
4. So I would advise you to return 5k.
No need to return this, if this 5k was received by you in cash. Even otherwise, they have no case against you.
what was the date they committed they will occupy the house after paying advance? . If you have any proof on their commitment date then demand rent ( along with interest ) up to yesterday.
And also do not pay the advance back .
Hi, if there is no rental agreement , just refuse them to repay as you definitely have sufferd a loss .. Moreover what possible legal action they can take for 5k .. The legal proceedings will cost them more then the amonunt they are seeking ..
1. Did you execute a rent agreement or lease deed with the company? There must be a clause in it wherein the advance is liable to be forfeited if company does not come to take possession. On the contrary, the company is further liable to compensate you for the 3 month period.
2. If no rent agreement has been executed then refuse to part with the advance as you have suffered losses on account of the prior interest created in favour of the company.
Without any rental agreement it is illegal to accept the advance even though the tenant did not turn up.
The tenant my be having receipt for this advance paid amount hence he may initiate legal action through police for cheating offences, hence better dont rub with him anymore and return his advance amount, the issue can be solved when it is in simple state instead of complicating the issue.
You should have let out the premises on rent to a third person if the company did not turn up after 15 days of giving the advance.
You should not pay such advance.
No legal action can be taken by them
