zabeen sarah 18 August 2023

Leased property rented out

Hello Sir/ Madam

We have leased out a property in 2021 for 3 years, and informed the owner that we are going to rent it out based on owners approval we have rented his property and collected the rent from the tenant

Tenant was in 2nd floor and the owner is in 1st floor and they both got some misunderstanding so that owner asked the tenant to vacate.

The tenant called us informing this issue, and so we asked the tenant to vacate and gave him some 6 months time.

The tenant did not vacate over this period, and the owner continuously forced us to vacate the tenant.

due to which we were forced to reach to police station and they have asked tenant to vacate.

after which tenant stopped giving us rent, and now owner is claiming that we have not informed on renting out his property. |

he says, that the tenant was rented in his property without his consent.

Im concerned if he will give us our lease amount back , and also tenant refuses to vacate.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 19 August 2023

If your lease agreement did not have the clause for sub letting, then you cannot claim any rights on it and the sub letting would be considreed as an ilelgal act

If the tenant is not vacating then it becomes your duty to evict him either by due process of law or otherwise.

Without the tenant vacating the premises the landlord may not be willing to return the lease amount as well and without delivering the vacant possession you cannot claim return of the lease amount..