What to do if buyer is staying in the house and not leaving

I have a flat in Kozhikode . The buyer made an agreement in July 2016 with me to buy the flat by December 16. He gave me 1lakh₹ advance. He also started staying as tenant and gave 50000₹ deposit and separate rent agreement was made for this. The sale didn’t happened and his rent cheque got bounced.He kept on agreeing that the sale will happen in 2 months and the initial agreement expired and not renewed.he also paid some money for our belief. Till now the sale is not happened and he is not moving from flat without getting the advance amount he paid to us. It was clearly mentioned in the agreement that the advance will not be given back. So what can I do legally? As of now no sale agreement and rent agreement is there. He is not ready to sign also. As we are NRI he is taking advantage. Kindly guide

Answers (1)

220 votes

The query suggests two different aspects. The agreement as to the transfer of the property and its leasing to the tenant. Both the issues needs to be separately. You cannot take undue advantage of the advance paid by him. You are bound to return the advance if you do not sell the property.

As to the rent agreement you need to abide by the provisions of the Rent Control Law.

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