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Aikon (PM)     17 April 2012

Vacate tenant

Hello,

I am based out of Chennai currently. 4 years back I bought a semi-independent home jointly with my wife through LIC Housing. I let it out to a Person A whose main job is to get house for rent and use that as Service Apartments for various industries. Mine is 23rd house for him. My communication with him was very smooth all these 4 years and he used to deposit the rent in bank account directly. In these 4 years I revised rent 3 times and also got more advance from him. For first two years we had lease agreement and in which he mentioned about the 2nd part of advance too. Around 20 months back he said that he is going to give this house for a family for long-term (11 months) and asked my concern whether I need that house within that period. As I am not planning to move there I asked him to continue. This time he came with sub-lease agreement and got my signature to allow him to sub-lease the place. He sublet my house to Person B. Even after that point also I used to get rent without any default. Couple of times I tried to go to my house either Person A is not available in City or Person B is not available at home on both the occassations. 

Last October I made a visit to my house and this is first time I met Person B. While I was casually speaking with him he (Person B) said that Person A is very bad guy and thrid rated fellow. I came to know from him that Person B came to this house on Lease of 4 lacs and Person A took 10-12 lacs personal loan from him. This loan amount is based on pronote. Person B tried all his options by sending gundas to Person A and also registered written compliant in local police station. He showed me his lease agreement, complaint copy, pronotes etc. He requested me to put pressue on Person A to vacate the house. This problem is between them for almost a year and Person B is not paying any rent to Person A where as Person A deposit the rent in my account till October. 

NOTE: All the above is what I heard from Person B. Not sure all these are true or not.

By November Person A called me to inform that he will deposit the rent in another two days and that time I told him I need my house by Jan. He orally accepted it and said by end of Jan 2012 or max by 10th of Feb he will hand over the house. I keep calling him weekly once to get any update from him and during that time he said he has some money issues with Person B and he is trying to arrange money. It looks he negotiated with Person B to move to his another property etc etc. Person B is very adament and inform him that settle all my money I will vacate the place. 

During Feb 2012, Person A came and ask me two months time but I didn't accepted it and asked him to vacate by end of Feb 2012. At lease 2-3 times everyday I am calling him and he keeps on saying different stories about his money arrangement plans and until now he haven't paid any money to Person B.

Person A is still saying that he is trying to settle Person B and needs some time.

I would like to know legal options I have

Lease Agreement between me & Person A is expired

Lease agreement between Person A & Person B is expired (I think - Not sure)

Person A has signed document for Sub-lease

Property is still under LIC Housing and I am paying EMI

Not received any rent since Nov 2011.

Please help



Learning

 1 Replies

Bobby Mani T (Lawyer)     17 April 2012

From your letter I understand that

1) You let out your premises to A

2) He let out that premise to B

3) You have given consent to sub let.

4) I want to know the terms of that consent.  (You should not have given such consent)

5) Even if you give consent for what period that consent is

6) Even if you have given consent to sublet tht is only within the lease period that subsist with A,  After that eriod the consent has no value.

7) Hence you can file a petition for subletting to evict the original tenant along with the sublesee.

8) But I am basing the inference from your narattion.  there is no enough meterial before me to give a legal advice.


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