Lease agreement-issue
Benson PV
(Querist) 07 January 2014
This query is : Resolved
Hi,
i am currently a resident in Bangalore and i am staying in a leased house.the lease agreement was done for 3 years, but the owner sold the house to another person within an year, now it is a year and a half since the lease agreement was done.
the new owner of the building is demanding rent, when we are on lease.
the new owner also has not written a new agreement for us.
Could you please let me know if i can still continue staying or should i vacate?
Devajyoti Barman
(Expert) 07 January 2014
You are entitled to stay for 3 years of not more.
If he could prove his ownership or you are otherwise satisfied about his title then it is wise to tender rent to him.
Benson PV
(Querist) 07 January 2014
Thank you so much for the quick response, but my only question is inspite of having a legal lease agreement which lapses in the month of August 2015, how can the new owner demand rent? Does this mean the agreement we already have is invalid?
Benson PV
(Querist) 07 January 2014
Thank you so much for the quick response, but my only question is inspite of having a legal lease agreement which lapses in the month of August 2015, how can the new owner demand rent? Does this mean the agreement we already have is invalid?
Guest
(Expert) 07 January 2014
Since the property had been already transferred it would be wise on your part to execute a fresh agreement with the new owner amicably.Avoid litigations.
Benson PV
(Querist) 07 January 2014
Thank you sir, all that I can do is find another house for lease, but I am still not satisfied with how it is going forward, clearly shows there is nothing that can be done to defend homeless citizens, now i wish i had pursued law
Advocate. Arunagiri
(Expert) 07 January 2014
Give more details about the terms of the lease. Whether it is interest free / rent free lease agreement?
Devajyoti Barman
(Expert) 07 January 2014
If you have paid consideration for 3 years of lease then new owner can not ask for rent.
I was under impression that rent is reserved on monthly basis. If you have made payment of 3 years rent in lumpsum to erstwhile owner in advance then new owner can not certainly ask for rent once again.
Benson PV
(Querist) 07 January 2014
Hi Everyone,
i am sorry if my notes were not clear.
we paid 5 lacs to the old owner at the time when the agreement was done, and the owner will pay back 5 lacs to us at the end of 3 years, this is how the agreement is given us.
we do not pay anything to the owner every month.
when the new owner bought the building, the old owner with whom we made agreement gave the 5 lacs which we payed to the new owner.
Now the new owner states that we have to pay monthly rent of 12,000 every month to continue to stay in the house.
most important the new owner has not given us a new agreement, the agreement is still in the old owners name.
please let me know if this is clear.
they have given us time till the end of February to vacate.
Anirudh
(Expert) 07 January 2014
You say that "when the new owner bought the building, the old owner with whom we made agreement gave the 5 lacs which we payed to the new owner."
Who asked you to pay and why did you pay to the new owner, without having any understanding of the terms and conditions with the new owner?
Benson PV
(Querist) 08 January 2014
hello sir,
we did not pay it to the new owner, it was handed over to the new owner when the building sale was done, we were not at all aware about it.
Anirudh
(Expert) 08 January 2014
If that be the case, then (i) you need not pay a single penny extra as rent; (ii) demand Rs. 5 lakhs from the old owner at the end of 3 years. The new owner cannot do a damn to you and you can enjoy the premises on lease without paying a single penny as was agreed to with the old owner. DO NOT GET PANIC. IF THE NEW OWNER TELLS YOU ANYTHING, TELL HIM THAT YOU HAVE ENTERED INTO A LEASE AGREEMENT WITH MR. .... AND ACCORDING TO THAT YOU NEED NOT PAY ANY RENT.
malipeddi jaggarao
(Expert) 08 January 2014
When the property is sold, the lease has to be cancelled with mutual consent and the monetary commitments should be settled. If the previous owner sold away the property without repaying the lease amount which is supposed to pay on termination of lease, you simply continue in the house and make a demand on the previous owner on date of termination.
If are willing to leave the house, ask the new owner that you have to receive the lease amount as per terms, and ask him to pay/arrange to pay so that you can pre-determine the lease and leave the house.
Consult your previous owner and ask him why he has not settled these matters before selling the property.
In any case you need not have to pay any rent to the new owner. Your concern should be:
i) Recover your amount and leave the house right now.
ii) If you wait till the expiry of lease period, who is going to pay your amount?
Better settle the matter right now. Whether Lease deed is registered one or not?
Advocate. Arunagiri
(Expert) 08 January 2014
Whether your old agreement with the previous owner is registered or not.
Guest
(Expert) 08 January 2014
You could serve a Legal Notice to the New Owner marking copy to the Old explaining all the facts
ajay sethi
(Expert) 08 January 2014
you need not pay any amount to new owner as mentioned by experts . contact a local lawyer and send a letter to new purchaser mentioning aforesaid facts by Regd Post AD
R.K Nanda
(Expert) 08 January 2014
consult local lawyer.
Benson PV
(Querist) 08 January 2014
thank you every one for taking your time and giving me all your inputs, this sure has boosted my confidence to talk to the owner and get in terms with him.
Rajendra K Goyal
(Expert) 08 January 2014
Well advised by the experts, contact a local lawyer.
