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Amit Soni (Proprietor)     18 August 2011

Does the conditions of expired lease agreement applies?

My client was lessee (tenant) and his lease period has been expired, now he want to vacant the property but the owner of the property is dedufting the rent of 2 months from deposit as per the condition of (2 months notice shall be given in case of vacating the property) expired lease agreement.

details of lease agreement is-

tenure- 11 mnths (15 aug. 2010 to 14 jul 2011)

Renewal clause- lease can be renewed on the option of lessor on same conditions or other as may be agreed.

my party didn't vacant the property on expiry of the lease period and now give an intimation of vacating the place in the month of September 2011 (2 months from the expiry of the lease period).

Can anyone suggest me whether the action of lessor (deducting the 2 months rent in lack of issuing 2 months prior notice) is right?

Thanks in advance.



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 August 2011

Yes because conditions of lease agreement is violated by the tenant.  He has not informed before two months prior to the lease period is over.  So there is no wrong in the owner's action

Amit Soni (Proprietor)     18 August 2011

Thanks Mr. Rajeev for your reply.

Amit Soni (Proprietor)     18 August 2011

Is it means the conditions of expired agreement is applied in that cas?

M V Gupta (Advocate)     18 August 2011

If the tenant continues after expiry of the lease period, he will be regarded as the holding over tenant subject to the same terms and conditions of the expired lease deed. Pl see the TP ACt.

Bobby Mani T (Lawyer)     23 August 2011

The transfer of Property says that after the agreement of lease is expired the tenant is continuing as tenant by holding over.  During this time his tenancy is over.  but he is holding over in the same terms and conditions as in the lease. 

But whether the condition of intimating 2 months prior to the vacation is applicable during the period of holding over is a point to be decided.  That condition is applicable where the tenant vacates the building during the contractual lease, that is he is cutting short the period of lease.

In my opinion a tenant who wants to stick to the agreement and wants to vacate the building on termination of lease period can do so with out any further notice because the agreement it self is notice.  In the agreement itself the termination date is speicified.

 

The law allows him to continue further as a legal tenant and then he acquires the status of tenant by holding over.  whrere the tenant does not wish to take advantage of that provision be penalised for that is a question to be answered.

M V Gupta (Advocate)     23 August 2011

I agree that the two months notice is for the tenant to vacate the premises during currency of the Lease. As holding over tenancy is on month to month basis the tenant will have to serve 15 days notice before vacating the premises. HE SHOULD NOT VACATE WITHOUT SERVING SUCH NOTICE.


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