How to get out of agreement to under lease
Vinay Agrawal
(Querist) 08 July 2013
This query is : Resolved
Hie, I had taken a property on rent and have an Unregistered Agreement to Under Lease. It mentions the term "Rent" for the period of 3 years and states that the Lock in period is of 3 years. It however states that the Under lessor can terminate the Under Lease by giving 30 days notice on failure of any payments due for 1 month from teh date it was due. I have already given a letter to the Under Lessor giving them 1 month's notice and have subsequentky also vacated their premises within the notice period and handed over the possession. I am now wanting back my deposit kept with them as I am treating this as a Leave and License agreement because it has not been registered by me. The Under lessor has issued me a Legal Notice acknowledging vacation of their premises but is asking for payment of balance months and is silent on my claim for refund of deposit. Please suggest the way forward.
Rajendra K Goyal
(Expert) 09 July 2013
You can send a legal notice for the purpose.
Raj Kumar Makkad
(Expert) 09 July 2013
If you had been permitted under the agreement to terminate it by providing 30 days notice which you have legally done then he has no legal claim against you and he is liable to refund you deposits.
You shall have to issue legal notice failing which to file a civil suit.
Vinay Agrawal
(Querist) 22 July 2013
Thank you respected sirs.
@ Mr. Raj Kumar Makkad - There is no provision of giving 30 days notice. In fact, it sates that the Lock In period is of 3 years. However, my reading of the same is that this being an Unregistered Document, it can be treated as an Agreement to Lease and not Agreement of Lease and hence i can treat it just like Leave and License Agreement.
Please give your views.
