• Additonal deposit in MOU

Dear Sir, I am a planning to start constructing commercial complex, we have already got a tenant who is interested, and we have fixed the advance and rent with the tenants for signing MOU which will be for 11 years, my counsel has already prepared MOU model. but the tenant requires more amenities to be done by the landlord which will cost more.My Tenant is ready to pay for the extra amenities as an additional deposit which he wants it to deduct every month for one year, when he will start to pay rent in the future .We have planned to mention in one of the clauses in the MOU regarding additional deposit . I am bit of a doubt that this additional deposit looks like a loan from tenant, My question is taking an additional deposit from a tenant and then deducting it on monthly basis for an year will it have any kind of impact in the future for the landlord or is it advisable or not.Kindly let me know your valuable advices.Thank you
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

If you are taking additional deposit don’t agree to deduct portion of it every month 

 

2) it does appear to be loan 

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

If you are providing additional facilities charge higher rentals or higher deposit 

 

 

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

1. I am not clear what do you mean by ' additional deposit' as the same is hardly in place in rental business.

2. There is scope for taking ' security deposit ' which is to be refunded at the time of end of tenancy with or without interest after adjustment, if any, for the loss caused to the property.

3. With regard to your additional deposit there is hardly any convention in this business and it is your choice whether you wish to take this or not. This is certainly not a part of rent and the tenant can claim it as anything including loan as per his choice or convenience..

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

After 11 months the amenities provided by you will be yours.  He is adding value to your property and you are getting it  by spending in installments.  

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

This amount can be take as adjustable interest free security deposit then there shall be no issue , same can be mentioned in MOU and can be accordingly deposited there won't be any issue for the land lord then.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can obtain additional deposit amount along with the regular deposit amount itself and dont have to show it as additional deposit.

This extra amount is obtained for the purpose of providing him additional facilities hence let this be merged with the originally agreed deposit amount itself.

Then there is no question of deducting the amount from the rental amount.

This shall be part of the agreement or the proposed MOU then there is no question of any legal hassle in future on this.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

You may proceed on the basis of the suggestions rendered in the previous post or you can consult a local advocate for guidance based on the prevailing circumstances.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

It's better you include the same in license fees and dont do the aforesaid

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

1.  Taking REFUNDABLE & INTEREST FREE "additional deposit" and recording them in the relevant Deed with strategic clauses of terms & conditions, would not amount to Loan, under the Income Tax parameters and is a perfect legal transaction, without any futuristic liability to your interests or in your Balance Sheet.

2. You can mutually consider taking "Advance Rent" for so & so Months, to cover up your capital expenditures.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Ok you can do so 

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

Yes. You can. This is not a issue. In fact, it is a gesture for healthy landlord and tenant relationship.

 

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Best of luck

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Yes interest free security deposit should be mentioned to avoid any additional claim.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

GOOD LUCK.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can decide to add the contents as proposed by you however you may have the document vetted by an experienced advocate before getting the same executed.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

If you are taking deposit don’t agree to deduct it on monthly basis. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

No it will not be considered as loan from tenant it can be termed as advance rent which is about to be deduct from rentals on monthly basis. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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