Commercial property lease
palku
(Querist) 01 June 2014
This query is : Resolved
hi All,
I have rented my office in ahmedabad, Gujarat to a company for 9 years lease which is 3 + 3 + 3 where there was lock in period of first 3 years.
Now company has decided to vacate the office by givining 3 months notice to me after 2 years (during the lock in period). I hold 6 months deposit from them
Now after 3 months they want the remaining money back which I am not happy to give them back.
I have found another company who wants to take this commercial office place staightaway but the existing tenant not ready to vacate now.
What action I can take as they have not paid me any rent for last 3 months
The lease was not registered lease it was on 100 rs stamp paper
ROHIT SHARMA
(Expert) 01 June 2014
Dear Mr. Palku,
1. The lessee has given such notice of discontinuing of the lease agreement during the lock in period. This condition can be waived by you. Serve a legal notice in response to the lessee's notice of ending the lease agreement and agree to return his deposit less the unpaid rent - which may be deposited in such concurrent lessee's bank account. This notice when served will become a cognizable evidence in law.
3. After having served such legal answer then you can enter into a lease agreement with such another company interested to take possession of such premises.
4. The new lessee then can file a civil suit making you also the respondent and such other lase holder whose lease agreement has been extinguished and have such old lease holder to evict such premises and such new lessee can also obtain a stay against such old lease holder from conducting his business from such premises that which has been legally given by you in lease to him.
5. But, this time please do have the lease deed registered if you consider to lease out your property to such new prospective lessee.
6. If need be talk to this lawyer who is stationed in Ahmedabad for further private legal consultation.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-Mail : lawgate1349@gmail.com.
Devajyoti Barman
(Expert) 01 June 2014
1. It appears that the existing lessee is still in possession of the leasehold property and the proposed new lessee has not entered into any lease agreement with you now.
2. If that is so then you have to first ask the existing lessee to vacate the leasehold property. If it refuses to do so then suit for eviction on the ground of default and breach of condition is only option left.
3. The non-registration of lease agreement is no harm on your part.
T. Kalaiselvan, Advocate
(Expert) 01 June 2014
Your query has been properly addressed by experts. Since the tenant has given you three months notice, you are at your liberty to reply them terminating the lease agreement with immediate forthwith and may communicate your intention to refund the security deposit amount after reasonable deductions towards arrears of rent and other maintenance aspects and can instruct him to hand over vacant possession of the premise immediately, until then you can put the new lessee on hold.
Hemant Agarwal
(Expert) 05 August 2014
CONTRARY TO ALL THE ABOVE:
1. The entire lease transaction is fraught with gross illegalities and remains un-enforceable.
2. Stamp duty has not been paid on the Lease agreement value.
3. Registration fee has not been paid on the Lease agreement.
4. The Lease agreement is Null & Void, from court's perspectives
WITHOUT reference to the above, just for introspections:
a) The lease agreement has a lock-in clause of first 3 years.
b) Hence the property owner and the Tenant, cannot resciend the lease agreement
c) The tenant, is not bound to vacate premises, till the lock-in period is in force
d) The property owner is in legal default, for attempting to lease the said property to a third party.
Keep Smiling .... Hemant Agarwal
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