Rameshchander E (Professional Consultant) 17 December 2012

Tenant wants to vacate prior to lease period

My tenant wants to vacate my flat within two days. I have an agreement which is expired in Nov-2010 that contains a clause / terms & condition of tenant has to give two months notice to vacate. My tenant is a family husband,wife and daughter they have been living in my flat for the past three years till now.

The reason for vacating the house given by tenant (wife) is that her husband (tenant) aged 55 years fled with another lady and she wants to relocate to different area/city.

The advance amount Rs.35,000/=, I have received from the tenant (husband) and expired agreement also signed by the husband only. However, the monthly rent cheque that I receive is from the tenant (wife). Today, tenant (wife) is asking me to refund the advance amount.

Could one of you advice me what I should under this circumstances

1. Can I refund the advance amount to the tenant (wife) instead of the husband who is not in town.

2. Though agreement is expired, Can I enfore the tenant to pay for the two months rent if not atleast one month rent.

3. Any other steps that I should take to protect legally

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6 Replies

Chetan Joshi (Advisory/Advocacy) 18 December 2012

Rule of Agency always apply to husband and wife....The prior agreement has no value...Inform the husband and give the money back to his wife....I think it can be safely implied that the wife has the right co take the refund...

Regards

Chetan(dot)7679(at)gmai(dot)com

Ajay kumar singh (Advocate) 18 December 2012

With great respect I disagree with Mr. Joshi. An agreement is binding upon its parties only and not against any other person. Suppose that the husband/tenant fails to pay rent of the tenanteed house. in such circumstance the arrears can be recovered from the husband only who is a party to the agreement. Similarly, the husband is alone entitled to get back the advance amount after adjusting the arrears, if any. As the written tenancy is already over, the agreement has lost its force and the wife is just holding over the house and she can vacate it any time.

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Rameshchander E (Professional Consultant) 18 December 2012

Dear Mr.Ajay Kumar Singh

First of all thank you for you quick response. Could provide a clarity on the following please ?

1. Though the agreement was signed by the husband (tenant), the rent cheque (PDC) is in the name of wife (tenant) a/c.

2.My understanding was that though the agreement is expired, when the tenant is continue to pay the rent for the second and third year it is implied that they those terms & condition will be applicable in the subsequent years also

3. Now, I will not be able to Contact the tenant (husband) is the person who signed on the agreement that is expired in 2010.

Need your suggestion on whom to hand-over the advance and Can I enforce them to pay atleast one month rent towards 2 months notice period.

Thank you in advance

Ajay kumar singh (Advocate) 18 December 2012

The previous agreement is not in continuation. The current one is just an oral contract for month to month. Necessity of notice is only when the written agreement is in force. Who made the payment or signed the cheque is immaterial in your case as the payment was made on behalf of the husband / the actual tenant.

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Rameshchander E (Professional Consultant) 18 December 2012

Dear Ajay Kumar

Got your point. Thank you very much for your quick response.