Can lease/rental agreement be terminated before time ?

Brajendra (Querist) 28 February 2012 This query is : Resolved
I would like to seek advice from experts on the dispute with my tenant.

I had recently bought a land which I had given on lease for 3 year to a business man (Motorcycle showroom) to use the property as go down to keep motorcycles. The land has 3 division (2 division is owned by me and 3rd division by someone else)with a common gate to enter. The gate basically encroached the government land (road side)which the other owner (who owned the 3rd division)claims to be in his boundary. Before renting the land I was using this gate but now the other owner has restricted me and my tenant to use the gate. My tenant patch up with the adjacent land owner and stopped giving rent to me. Now I am facing problem with

1. My tenant who is using my property and not paying me the rent nor he is vacating? Is there any provision by law to cancel the lease agreement in this situation? Can I collect rent from him for using my property so far and how I can made him vacate my property?

2.The adjacent land owner who is not allowing me to draw boundary between disputed property nor he is allowing to access the gate. I can't open another gate from other side also because of encroachment by group of people who are not ready to vacate.

Kindly suggest me how I should tackle this problem?

Thanks in advance.

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adv. rajeev ( rajoo ) (Expert) 28 February 2012
On the ground default in paying the rent you can terminate his lease by issuing a notice. You can file a suit against another owner for supplementary rights by filing declaration suit.

Advocate Bhartesh goyal (Expert) 28 February 2012
Yes ,definitely you can terminate the tenancy by giving notice u/s 106 0f T.P.Act to tenant stating therein that he is defaulter in making rent regularly and breach the conditions of lease agreement.If tenant does not vacate the premises after being received the notice then file eviction suit against tenant on the ground of default in making rent.

Deepak Nair (Expert) 28 February 2012
The lease can be terminated by giving notice as per the terms and conditions of the lease deed.
It can also be terminated immediately on the ground of non-payment of rent.
You can file a suit for eviction against the tenant if they fail to vacate on the notice.

Guest (Expert) 28 February 2012
Mutual consent of both the parties is also one of the reasons for termination of the lease/rental agreement.

Raj Kumar Makkad (Expert) 28 February 2012
I have no reason to disagree with the detailed advice of the experts.

Brajendra (Querist) 01 March 2012
I would like to thanks experts for their concern and advice. I would like to explain my issue more clearly before taking any legal action against my tenant and adjacent land owner.

I thought to had a last talk with my tenant before sending him the legal notice.

While talk he was blaming me for cheating him by renting the land for which there is no entry (gate).Whereas he was well aware before signing the lease agreement that there is only one common gate for entry into the leased property and there was no issue on using the gate at then (signing the lease) and also we are planning to open a separate gate for our land soon.

Taking advantage of the encroachment issue which I was facing, outside my land boundary (road side) where the new gate was planned to open, the adjacent land owner started creating objection on sharing the existing gate with my tenant.

My tenant took advantage of my clash with the adjacent land owner and deal with him (adjacent land owner)to sign a another lease agreement to use his land as well as the gate to access my property also. After which my tenant stop paying the rent giving reason I have not provide him the gate.

Since I am taking help from police to clear the encroachment near my boundary so that i can open the gate for my land, but all in vein.

Therefore I had asked my tenant to either
1.vacate the land by terminating the agreement on mutual consent on the basis that I cant provide him the gate to use my land until I succeed to get clear the outside encroachment legally and secondly settle my dispute with adjacent landowner over land boundary.(...as suggested by adv. Dhingara) Or

2. he has to pay the rent to me as per agreement since he is using my property by whatever mean.

Since my tenant has already deal with the adjacent land owner he is blackmailing and not giving the rent.

I would like to confirm my doubt from experts by asking the following queries

1.Can I still send the notice to my tenant and file eviction suit against him further ? (...as advised by adv. Rajeev, adv.Goyal and adv. Nair)

2.How should I deal with encroachment near my boundary (road side, where the gate has to open)?

3.Can I still file suit against adjacent land owner for supplementary right as adv. Rajeev suggested?

Based on the experts suggestion over my queries I would like to take further legal step. So kindly guide me how I should act legally to resolve my Issues.

Thanks in advance.

Can lease/rental agreement be terminated before time ?

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