Termination of tennancy
harish sharma
(Querist) 22 April 2013
This query is : Resolved
on 25.03.13 i had entered into an agreement with Mr. X for renting a godwn at the rate of 10000/- per month for 11 months .when i shift the material in godawan ,after one month paasiing i realised that there is not sufficient space for me as i cant run my bussines from that godawan . about this i told the land loard that i want to vaccate the godown as there is not sufficent space is available for me . on this land loard told me that untill you will not pay 11 months rent you will not vaccate the premises and know he is objected to me for removing the goods from the premisses. as per agreement only condition for land lord if he wants to terminate the agreement firstly gave three months notice but no notice provision for tennant. so what action can be taken against land loard what we should do.
Raj Kumar Makkad
(Expert) 22 April 2013
It was good for you had you gone through the clause of the notice from the side of the tenant prior to deciding the rent agreement and moreover this was your prime duty to physically inspect the premises to be got on rent.
Anyway, legally you have not claim for refund of advance money if deposited and if not deposited then you should deposit at least rent for 3 months as a notice period at par with the landlord to him.
J K Agrawal
(Expert) 23 April 2013
Dear sir
I think if the condition of 3 month notice is for land lord, it can not be read same for tenant. You can terminate the tenancy by notice of 15 days.
You have so many remedies but the rent control law is different in each state so you should contact a good civil local lawyer.
prabhakar singh
(Expert) 23 April 2013
One should consult before entering into agreement also; not only when a problem knocks the door.However the landlord can
not oppose moving goods from godown.He can not even stop you from vacating the godown.
In worst case he can claim rent for agreed period.
In my opinion you should promptly serve him a notice that landlord assured you of space
you needed is there in the godown and that way he has defrauded as godown is not of the space required and assured to be hence you are vacating and terminating the tenancy. Take help of a local lawyer.
Raj Kumar Makkad
(Expert) 23 April 2013
If the space was fradulantly not shown earlier or told higher side then definitely such effort of the landlord is a fraud which provides the tenant to terminate the agreement even without prior notice.
