Token amount for tenant
3 years ago
I have a situation here in Bengaluru where the tenant has booked my flat by giving a token amount of one month rent. He agreed to the rental agreement on WhatsApp and agreed he will sign it in 5 days. I have removed all my paid advertisements and refused other potential tenants due to his commitment. Now he refused to shift and is threatening to send a legal notice if I don’t return his money,i.e, rent of one month. He clearly has taken a u turn on his commitment and I have lost other tenants because of him and also have to pay again for all the advertisements. Am I legally correct in taking his token booking amount as compensation for one month rent? Please advice me on this
Ankur Goel @ Complete Law Shield
Responded 3 years ago
he wont do anything more than sending notice.
rental agreement had clause of how many months notice ?
he can not claim it back but have to pay as per notice months.
Yes, you are legally entitled for such compensation.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Was there something in your contract or agreement that said you couldn't cancel the booking? or did you even speak with him about the reimbursement costs if the booking was cancelled? If there was such a provision, it would be governed by the particular clause of the contract.
However, he agreed to move to your house and accept your offer, as a result he cannot demand the money because he consented to enter into the contract with you.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Since, he has paid the consideration that shows he was willing to contract, and now he is backing out, that leaves you in a precarious situation. You have the right on the consideration amount. If he sends you a legal notice counter it by sending him your reply stating the losses that he has caused you. If he persists, and proceeds legally, you can take the remedy of specific performance of contract. Rest assured you can legally claim the consideration money.
Were there any specific terms in your contract or agreement regarding the cancellation of the booking? or did you even talk to him regarding the compensation charges if there was a cancellation of the booking? If there was any such clause then it will be regulated by that specific clause of the agreement.
However, as he himself had consented to shift to your house, he agreed on to your offer, as a result, he cannot claim the money, because he himself had consented to enter into the contract with you.
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