HARSH SHARMA (SERVICE) 20 October 2011

Rental flat deposit in 2 installments

I am about to give my 1BHK flat in thane on rent.
It has been agreed by me and the tenant that of Rs. 70000/- deposit, he will pay me Rs. 40000/- prior occupation of the flat and the balance Rs.30000/- within 2-3 months, failing which i will have the right to evict him with a 7 days notice.
I wish to reflect the same in the agreement...
Pls advice me on the following:-
1) In case he defaults in the payment of the balance Rs. 30000/- will I have the right to evict the tenant with 7 days notice as stated in the agreement ?
2) Are such clauses legally valid ?

Thanks

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2 Replies

ajay sethi (lawyer) 20 October 2011

generally security deposit is taken up front . if he is not in position to pay balance 30,000 now then agree for security deposit of rs 40,000 and increase monthly rentals .

you cna evict him if he fails to pay balance 30,000 as per agreement but is it in your interest . if you evict him where will u search for new licencee . it takes time to get a new licencee

HARSH SHARMA (SERVICE) 20 October 2011

Thanks Ajay Sir,

In that case..i will tell him that in case he fails to pay Rs. 30,000/- as deposit...within 2-3 months, his deposits of Rs40000/- given to me will be forfeited.
basically, in this thread i wanted to knw weather we (landlord and tenant) can agree to any common grounds for letting the flat or are there any guidelines by govt. in this matter..?