Builder rented my flat now asking for refund can he file recovery suit


Builder forced me to evict my tenant (my fully owned flat) with the promise that he will pay deposit and rent till he finds another tenant for me. Builder paid me the deposit which I returned to the first tenant . Property has been vacant now for 4 months .Builder paid me by cheque, however no lease documents exist. Also no receipt for the amount given by cheque was given by me and no other documentation for amount except the cheque. However now he has backed away from this deal and is asking me to return the entire amount. Can builder file a recovery suit ? What options do I have ?

Answers (1)


188 votes

is there any kind of agreement between you and the builder regarding this. if no that on what basis will he file a case for recovery against you. does he possess any documents that he has paid the sum to you. you and the builder need to sit and sort the matter instead of thinking about litigation. you have taken the advance from him and he was unable to find a tenant for you. it would be advisable that what ever advance he has given to you, keep it as rent and tell the builder that he was supposed to pay monthly rent failing which you keep the advance and you both can resolve the problem.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Landlord/Tenant Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
36 years Experience
Advocate Rajesh K.S
Subedar Chatram Road (SC Road), Bangalore
15 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Landlord/Tenant Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."