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Enrique (Sir)     24 July 2013

Rent agreement

Hii..

I have been living with my 3 flat mates from last 6 months. Since the locking period of flat has been over.

One of our flat mates wants to leave the flat by giving one month prior notice to landlord since he wants his security deposit back, but if notice is sent to landlord. We all would be forced to vacant the flat. But we three don't want to vacant flat.

However in our Rent agreement we 4 mates are entitled as "LICENSEES".

But in the clause of - sending notice to the landlord after the termination of locking periodd, the term "LICENSEE" is used.

Now we are confused whether legally, he alone is capable of giving notice to landlord and as a result we all vacant the whole flat.

Since we three don't want to leave the flat, is there any some way out , that we three can still stay in our Flat.

Thank you



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 July 2013

It would depend upon the contents of the agreement. Are you all paying the rent seperately or collectively? Look into the agreement again as to payment of rent and what the clause for vacating the flat says. Whether all has to vacate simultaneously or one can vacate. However, if it provides for eviction of all then, the rest of you all can offer the landlord to share his rent proportionately so as to save his loss of rent and retain possession.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     24 July 2013

Originally posted by : Enrique
Now we are confused whether legally, he alone is capable of giving notice to landlord and as a result we all vacant the whole flat.

Since we three don't want to leave the flat, is there any some way out , that we three can still stay in our Flat.

 

You can revoke the earlier L&L agreement and rest of the three persons can execute a fresh L&L agreement with new clauses,  SUBJECT to the landloard agreeing to the same.


BTW, nothing bars one tenant from relinquishing his L&L  rights, with prejudice to the other three tenants and neither will the L&L agreement become null & void.


Keep Smiling .... Hemant Agarwal
 

Gerry Wilson (lawyer)     24 July 2013

If all giving rent collectively, then he can't send notice. If all giving rent seperately then he can give notice.

 

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Gerry Wilson (lawyer)     24 July 2013

If al are collectively giving rent then he cannot give notice to house owner. Or cancel the previous agreement and start new agreement.

 

 

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krishna bhagavat (self)     24 July 2013

what if the case is ,there are 2 landlords who rent out the building totally to one lessee and one of the landord files for fair rent. will it be sustained or dismissed on the ground that both the landlords should file RCOP together.

Enrique (Sir)     25 July 2013

Thanks Archana Mam, Heman and Wilson Sir.......

Im relieved now..

:)


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