Tenant vacating, what all needs to be put in writing
Querist :
Anonymous
(Querist) 29 March 2025
This query is : Resolved
The tenant had rented out ground and first floors of a commercial property, through a registered rental agreement. He is vacating the ground floor now, while he vacated the first floor merely after 1 year of the tenancy. We want to mention that on paper as well.
What all needs to be put in writing, and should it be on stamp paper of a certain value, and in presence of witnesses? Thanks.
T. Kalaiselvan, Advocate
(Expert) 29 March 2025
If the tenant has already vacated the first floor and delivered vacant possession of the rented premises to the landlord the rental agreement stands cancelled or terminated,similarly the the rental agreement of the grounds floor als stands terminated, if at all any dues go be paid by the tenant, you may demand the same or can deduct the same from the advance amount, there is no necessity to get anything in writing that too on a stamp paper.
kavksatyanarayana
(Expert) 29 March 2025
Before the lease period ends, if the tenant vacates the property, even partially, the tenant must execute a deed of Surrender of Lease. The landlord must also execute this deed, and the surrender of the lease shall be registered.
Querist :
Anonymous
(Querist) 30 March 2025
Thanks. However, the tenant is currently willing to simply hand over the keys and the possesion. The tenant is unlikely to agree to execute a registered deed of Surrender of Lease, considering the tedious nature of the registration process. Moreover, when the tenant vacated the first floor, the Sub-Registrar refused to register any addendum/supplement to that effect. That could be another issue here with the registration as suggested.
Is there any other solution without involving registration, considering the above?
T. Kalaiselvan, Advocate
(Expert) 30 March 2025
There's no necessity to register the cancellation of the lease agreement.
You both can mutually cancel the lease agreement on a separate sheet on the basis of the agreed conditions and get it notarized if you insist on it.
kavksatyanarayana
(Expert) 30 March 2025
When the lease deed is registered, the surrender of the lease shall also be registered, and another lease deed for the ground floor shall be executed and registered.
