House lease closing
Nithiselvan
(Querist) 17 June 2015
This query is : Resolved
Last year May 1st 2014 i had shifted to a new house for lease. At initial talk to house owner , he said, lease is for 2 years but as per law, agreement will be made for 11 months and it will renewed after expiry. Amount paid as lease is 1,80,000. Before completing the first year, house owner asked us to vacate the house. i had argued him that why he said lease is for 2 years and now asking to vacate. he said he want the house for his personal purpose. Finally i decided and told him that house lease is completing on April 2015 and need 2 months further time to vacate therefore May 2015 and June 2015. Same he accepted. I had find a new house and informed current house owner that I am vacating the house by May 15 so please be prepare with the lease amount settlement. But he said, he don’t have money at the time of house vacating and he committed to give 60000 rs as advance settlement on May 27th 2015. I had dropped house search since the current house owner is not having money. As said he had given 60000 rs on May 27th 2015 and said he will give balance 1,20,000 on June 15th 2015. And I had asked to vacate the house within 2 days after final settlement on June 15th. I had not accepted his statement and told that I will vacate the house between June 15th and July 15th 2015. Once he had given the 60,000 rs I find another house for rent and given he advance amount on June 1st 2015 and I have to pay rent for that house for June month for new house. Now on June 16th current house owner says he doesn’t have money right now and asks us to continue for further 3 months or he will arrange for another tenant and give the balance money 1,20,000 from him to us. Still he is not committing the date of settlement. I had explained my situation that I had booked new house and to pay rent for that house for June 15 itself and I couldn’t vacate the house with out full settlement. I had said him that as I committed I will vacate the house on June 18th and I will handover the keys and document to police station with complaint. For that, he threatening me with fighting attitude. Using words like beating, punching etc etc. This is my situation. How to handle this without loss please guide me.
I had asked him question, why you ask us to vacate the house if you doesn’t have money to settle. He simply says that time I had money now don’t have money. He want to over dominate us and treats us as dolls.
dr g balakrishnan
(Expert) 18 June 2015
lease is a mechanism of 11 months basis only renewal is mutual issue, but subject to lease terms.
your lease is for 11 months wherever you go.
if the lessor could not pay yr advance for any reason you have a civil issue under normal law.
that ou need to follow.
what ou did is ok per common sense, but law works on special sense called rules and terms of contract only.
law is always a unruly horse sir!
dr g balakrishnan
(Expert) 18 June 2015
your remedy to collect balance ue to you under normal suit for recovery of moneys, nothing more, if the lessor could not pay you now.
