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Amit K   05 September 2015

I had signed notorized agreement 11 Month with a tenant on 28 July with following highlights.

- Flat to be used for Family and non commercial use only.
- In case tenant want to vacate flat, he needs to give a notice of 60 days at start of ANY month.
- In case, either party requests for pre mature termination, party requesting pre mature termination of contract has to bear penalty of one month rent.
- Sub letting not allowed

Within 6 days of signing contract, male tenant

started pressing me to allow one of his male friend to be allowed in flat (Earlier he has mentioned that he will be staying with his own family). I refused the same and then tenant started making noise about petty issues like basin choke up, tap not working even MSEB Load Shading in that Area !!

I told tenant in written mail that he can vacate flat any time with prior notice of 60 days provided notice is given in start of month and with 1 month pre mature penalty. He didnt comply. He didnt even paid security deposit under context he is out of Cheque Leaflet !!

On 31 Aug, he called just to say that he has vacated flat and keys are given to society supervisor (Person appointed by society for daily society chores). I have never authorised anybody for flat handover.

Now what options do i have?

1, I do have post paid rental cheque, shall i deposit them for this months rental? As i never took flat possession and it is not my problem if he is occupying it or not. As he has not given 60 days notice.

2. He is not complying to Terms and condition of contract like either party requests for pre mature termination, party requesting pre mature termination of contract has to bear penalty of one month rent.

3. How can i claim my financial losses? Also, it will take some more time to find other tenant after i take possession. Till that time, my property is empty.

Agreement is duly submitted at local police station and i pay house property income tax every year for said property. So this is a very clear transaction.

My Primary goal is recover my financial losses and secondary goal is teach lesson to such people who have no regards to Law and legal documents.

Pls advice.

Adv. Digvijay R Singh (ADVOCATE-PRACTICING)     05 September 2015

if u have got possession of th flat look for another tenant instead of going for any litigation or else u can file suit for damages u have occurred..

saravanan s (legal advisor)     05 September 2015

i agree with adv digvijayji advice.better look for a new tenant and next time get the advance in cash


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