Redemption of Lease amount.
Sunlawseeker
(Querist) 02 November 2010
This query is : Resolved
My client has taken an house for lease for 11 months. He paid One lakh as Lease amount.
But, in the lease agreement, the lessor mentioned that the lease amount would be given after leasing the house to another lessee.
Thereafter, My client received an "On-Demand" in a Rs.20 NJSP.
My client want to vacate the house now. But, the lessor is non intended to return the lease amount.
Query:
Dear experts, Whether my client vacate or not the house to file a money suit?
Or
Any other remedy to redeem the lease amount?
Kindly reply.
Thanking you
regards
V.Sundaresan,
Advocate.
R.Ramachandran
(Expert) 02 November 2010
It will be better for your friend not to vacate the house, but to remain in the same house without paying any monthly rent till the time the entire lease amount is adjusted. Otherwise it will be very difficult and your friend would be ending up paying more amount in litigation.
s.subramanian
(Expert) 02 November 2010
If your desires to vacate,he has file a suit for recovery of the amount.No other go.
Kirti Kar Tripathi
(Expert) 02 November 2010
I will go with Mr. Ramachandran first. However, suit for recovery of amount is also another option.
B K Raghavendra Rao
(Expert) 02 November 2010
Advise your client not to vacate until he receives the entire amount paid by him. Better study the lease agreement for presence of any other disturbing clauses.
Arun Kumar Bhagat
(Expert) 02 November 2010
Advice of R.Ramchandran may be followed. Try to get post dated cheque at least there would be some hope.
Raj Kumar Makkad
(Expert) 02 November 2010
You shall have to abide by the terms of the agreement which clearly state that you shall get return of the lease amount only when further lessee occupies the aforesaid house so there is no chance either to possess the house without paying the monthly rent or to file suit for recovery.
niranjan
(Expert) 02 November 2010
Find another lessee in your place and show him to your landlord and also give notice to that effect alongwith asking for return of your money.
M V Gupta
(Expert) 05 November 2010
The condition that the deposit amount will be refunded to you only when another tenant takes up the premises on lease is against the trade practice. Normally in rent agreements it is provided that the deposit amount should be refunded against handing over possession of the house by the tenant. It appears that your landlord has obtained the unusual clause by misleading you or undue influence. Hence follow the advise given above by the learned experts Mr. Ramachandran and others. you are not under obligation to find out another tenant for the house.
