Disputes between Lessor and Lessee at the time of Vacating
Hi,
I am Jayashree. I am an NRI in Europe. I own a house in Bangalore. I rented it to this person, Mr. X, 3 months before. Since i am an NRI, i mentioned in the agreement that my sister will sign the agreement on my behalf. The tenant also agreed and signed it.
In the place of “Lessor’s signature” my sister did not sign. But she signed all the other pages. She thought she will wait for me and get it signed.
Now, the tenant has vacated. After vacating, he tells us that the agreement is not legal. And he does not want to pay for damages and other issues created by him. When i point it out, saying, “he has agreed to get the damages repaired” in the agreement. He says that the document is not Legal. Hence he wants the entire Security deposit back.
Note that his security deposit was wire transferred. (Gave by cheque initially that bounced) Now he threatens to file a complaint and lodge a case against us, for fraud.
What do i do? Is my agreement not Legal if Lessors sign is missing?
2 Replies
You did not mention what was the damages and how much did it cost you.Secondly you did not mention how much loss you would incur in case of returning the total fund. The good thing here is the tenant has vacated. If he has a mind to trouble you he would have done it without vacating.This issue should be settled amicably. As the tenat get his money back from you he is trying to get it back and as you asked him to pay for damages, which he may consider to be more or exhorbitant he is refusing to pay that.I recommend you to pay the money back to the vacated tenant without hurting yourself and him/her and settle this amicable. You being a NRI cannot monitor the propery or any legal dispute from remote. I think this needs a amicable settlement.For more information you can mail me on (vikramds[at-the-rate-of]gmail[dot]com.
) Thank You,
Vikram
Yes the agreement is invalid. IN this case he cannot file a case with an incomplete agreement. So he has to come to compromise. Whatever money he gave can be considered gone if he himself proves that this agreement is invalid.He can only create issues illegally.