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Can Landlord retain the advance paid towards Rent by Tenant
14-Sep-2023 (In Landlord/Tenant Law)
I wanted to give my house for rent and a couple's have shown there interest on 31 July 2016 and agreed to occupying my flat from 01sept 2016 as they wanted to shift from Delhi to Bangalore, they paid advance of 30k, but on last day they are refusing and asking back deposit amount. Can I dedicated the loss of my two months rent and refund the balance amount
If you had an Agreement or at least something in writing to the effect that they would move in on 1st September, then you can make the deduction. The reason is as they are now backing out, you will suffer loss as you have to spend time and effort in finding new tenants and therefore you can justify the deduction. However if you do not have anything in writing that they were supposed to move in on 1st Sept, then it will be difficult for you to defend your claim. Even an email, letter, sms, whatsapp text etc showing that they were to move in on 1st Sept will be considered as adequate proof.
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