Asked January 19, 2017

Absence of Lease Agreement

  • 2 Answers

My landlady had promised that she will provide a microwave in the kitchen when I was moving in. She hasn't provided it yet and there is no written agreement for it. What should I do??

Answers 2

Legally she is not obliged to do anything, however you may send a formal letter for the same issuance.

Agree Comment 0 Agrees over 4 years ago

Lease agreements are controlled by Rental Laws in India. There are two types of rental agreements –one which is for 12 months and the rent is fixed by the State Government and the other is for 11 months. The House Agreement governs the lease documents and all the terms and conditions are in written.

According to the Indian Contract Act 1872, even oral agreements are valid. However in order to prove that any oral agreement is enforceable, the onus of proof lies on you.

In this case, you won’t possibly go to a court for something as trivial as a microwave in the kitchen. Further it is not mentioned in the lease agreement. However of you have any proof to show that the landlady had promised you the microwave, like a text message or any form of communication, and it formed an important part of the reason why you took up the lease, you can ask her to comply with her promise. 

Agree Comment 0 Agrees over 4 years ago

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