Manan Sharma (Engineer) 07 July 2013

Institutional property - uttar pradesh, lease end time

Please Help.

I have an institutional building in Noida, Uttar Pradesh, which is leased out to a party for repetitive 11 months duration , being revised since 5 times, coming to 55 months time, which ends as on 31 July, 2013.

Now the party is creating trouble in leaving the property.

What are the necessary steps and actions i may take, so that i can safely have them leave the property.

My concens are:

1. Can they go to court and take a stay and have the property, till the time the case gets over, and continue to give me the small and petty amount they are giving.

2. If i do not let them enter the building after 31st July, 2013, what can be the result, becasue their furniture and some equipments/machines would be still in the property. Can they call the police. What shall i do in this situation.

3. Can i myself call the police on 31st July and get the handover done under their presence. Can i do that?

4. Can i file a case in the court against them? but till the case is running, who will posses the building?

Please advice and suggest.

Reply Follow

2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 07 July 2013

The landlord-tenant relationship is principally governed by the lease agreement. This provides the parties with a significant amount of control over the various aspects of the relationship and the duties owed by each party. The lease agreement is a type of contract, and as such, the parties are free to agree to any terms they wish, provided those terms are legal.

However, the landlord-tenant relationship is also governed by state law. Statutes and case law address many aspects of the farm tenancy relationship. Generally, the law is used to govern the relationship where the lease agreement is silent, although, there are circumstances where the law does supersede terms agreed upon within the lease.

Thus, both the terms of the lease agreement as well as statutes and common law govern the duties of both landlord and tenant. Many of the terms and laws will have an impact, either direct or indirect, on the adoption of sustainable practices on the leased premises. It is, therefore, important to understand the influence of the terms and laws on the behavior of both parties.

Manan Sharma (Engineer) 07 July 2013

Dear Sir,

Thank you so much for your reply.

Now, considering these specific points and the location of Noida, Uttar Pradesh, I will be thankful if you can enlighten me on the following points:

It is very clearly mentioned in the lease agreement as follows:

1. That the lease agreement shall be made effective from 1st May 2011 and initially shall be for a period of 11 months only.

2. That the lessee shall deposit a sum of 7 lakhs towards interest free security at the time of execution of this agreement. This security deposit shall be refunded on or after the termination of this lease agreement.

3. That the lessee shall pay the monthly rent of Rs. 75.000/- in advance to the lessor by 7th of each english calender month.

4.That it is also agreed by and between the parties that in case the lease will be renewed after expiry of this lease, there will be 10% increase on the existing monthly rent in ever such increase.

Now considering these points, Can you please suggest that if the tenure of the contract is getting over, and the lesse is not willing to leave the buidling what can I do.

Also what can i do in case the lesse is not giving me the revised amount adding 10% to the prior amount.

Please advice.