• Can I get the security deposit back before signing the contract?

I decided to rent a 5-years-old apartment in Delhi 1.5 months ago, and payed the "Security Deposit" of 3 months of rent. Since then, they did NOTHING, no cleaning, no painting works etc..I yelled at the realtor and finally he started the work 5 days before the commencement date of the contract. He managed to finsh 85% of the interior, but the common area, in front of my front door, are still very messy and filthy. Also for the legal docs, we repeatedly requested to send us the REVISED contract draft, but the realtor doesn't send us. The meeting with the owner is scheduled tomorrow morning. But the realtor says he will bring the contract directrly to the meeting, which means we cannot even review it. The commencement date is the day after tomorrow. Can I reject signing the contract and get the deposit back?
Asked 4 years ago in Property Law
Religion: Other

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10 Answers

Hello Sir , if the work is not done as per the contract , then you can step out of the deal.. However , it is advisable to settle the matter amicably with the owner of the property , as litigation in such matters generally tend to create more hassles

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) insist that you need to review the rent agreement before signing it

2) you can sign agreement after one week time or so

3) in alternative seek refund of your security deposit

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

The contract should be not signed properly reviewing it discussing it as the contract can contain some terms and condition which can create trouble for you in future.

Review the document take legal help as this will secure your money.

Yes you can seek your refund back if condition are not fulfilled.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Commencement date of contract? Do you have entered into any contract. If yes, what are the terms therein and why they are going to revise it. Go through the revised contract tomorrow before signing that contract. If there is any adverse clause, discuss it, otherwise reject signing the contract. You have not mentioned that how you made the security deposit by cash or by cheque. Without knowing the complete fact, no proper opinion can be framed.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

1) Its very difficult to get deposit amount once paid. He will bring in front if you "N" numbers of reason and could not fulfil all comments later on which he ia going to promise it.

2) Better to ask before he is going to bring contract agreements on commencement date, try to talk with him now and see what reply geta from him.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. You should have collected the copy of the contract before even paying the deposit.

2. since you have already paid the deposit, you have gone to the receiving end and it is not advisable to take legal action for realising the advance amount paid by you since your legal expenses to be incurrred on this account might over weigh the receivable.

3. So, it will be prudent on your part to settle the matter amicably and peruse the document carefully before signing or tell him that you shall verify the same in a day and shall return it the next day.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Off course, not having signed the contract, you'll be free to withdraw.

Having said the above, you may take your time to review the agreement and there's no need to sign it then and there. Both the parties may sign it later and deem this agreement to come into operation from the date when you take over the actual physical possession.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

That depends on the mutual understanding. Legally he can keep the security money since you will not be signing it and you will be rejecting it.

But ues definitely you can take time to review the document and also ask the person to first clear the common area and then only you will sign the same.

Was there any written agreement at the time of giving advance?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can always reject the contract agreement even in the last moment if it is not suiting to your conditions or taste.

You can refuse to accept the terms which has been produced in the last moment without taking your consent for certain terms or conditions to which you are not agreeing,.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

Yes you can he can't do the same. You can demand the refund of your security deposit.

Prashant Nayak
Advocate, Mumbai
27234 Answers
88 Consultations

4.4 on 5.0

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