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ashok kumar (Social Worker)     06 February 2013

Lease law related

 

The lesser leased out his premises under a simple agreement for a period of 12 months (See the agreement attached)

 

Though it is not mentioned in the lease, the lessee orally agreed that he will not vacate it before 12 months and this is also reflected in the clause which says as under :

 

The Period of Lease Agreement shall be 12 months commencing from 10th October 2012 to 9th October 2013.”

However, there is another contradictory clause which says

“The Lessee shall give a notice 30 days in advance in writing to the Lessor if it desires to terminate the Rent Agreement.

Contrary to the understanding and the clause of 12 months, the lessee vacates in just 45 days, after causing lot of expenses in the premises. The lessee also gives a notice on email and asks for a refund of the Security Deposit.

Questions:

Can the lesser compel the lessee to pay for the entire 12 months on the basis of above agreement which has been executed on a Rs 100 stamp paper

What is the legal status of a notice received on email? Can the lessor deny receiving such a notice and take advantage?



Learning

 1 Replies

Advocate Rohit (Advocate)     06 February 2013

was there any lock in period in the Rent Agreement? if not, then the licensee is right in giving 30 days notice to the licensor.

 

Licensor needs to inspect the licensed premises and check any damage has been done to the property or not, if any damages has occured then ask the licensee to rectify/repair the same at its own costs or the licensor may adjust the said amount from the deposit.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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