Niaz Khan (Software professional) 07 January 2014

Breaking the terms of rental agreement

I had recently given my house for rent and had signed a 11 month rental agreement and the agreement hasn't been registered.

The tenant had deposited a 10 month advance after a long delay and hasn't moved into the property yet. It has been more than three months now and have not been recieving any rents also.

Couple of days before he communicated that he would not be moving into the property and want the deposit back. The issue is that he is asking for the full deposit and would not listen when we tell him that we would deduct the three months rent and return the deposit.

As per the agreement, he has to give 2 months notice for breaking the 11 months contract.

I would like to ask all the experts here what should be my next step. Where should i take the case for resolution and what are the alternatives i have to resolve it.

thanks a lot in advance

Niaz

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5 Replies

Kishor Mehta (CEO) 07 January 2014

Sir,

If the property is in Maharashtra, and since the rental agreement is not registered, you would not get sufficient protection from the law. You should come to a compromise with the tenant at the earliest and take immediate possession of the property, without entering into a lengthy and frustrating legal battle.

Good Luck,

Kishor Mehta

Niaz Khan (Software professional) 07 January 2014

hi kishor

thanks a lot for the reply.

the property is in bangalore.

Subash M R (Advocate) 08 January 2014

Usually 11 months period rent/lease agreement need not get registered. You are justified from deducting three months rents from the advance amount even though there is no legal basis for it,but equity.

Thanking you,

M.R.SUBASH,Advocate.

Subash M R (Advocate) 08 January 2014

Thanking you,

M.R.SUBASH,Advocate.

Niaz Khan (Software professional) 19 January 2014

Thanks a lot for the response.

I would like to know and meet up with the lawyers in bangalore for going ahead to take this up legally.

Have been trying to sort this issues amicably but the client is not willing to negotiate a compromise.

As mentioned the property is in bangalore and the client has not moved in yet. I would be very glad to hear how can i resolve this issue legally and claim the losses for the 4-5 months till now.

thanks a lot in advance.