Leased accomodation
k.g.agarwal
(Querist) 14 May 2012
This query is : Resolved
i have give my independent bungalow on leased
for 2 years in ajmer rajasthan.
-the leased have a clause that leased will be trated as extended in steps of 24 months unless 60 days prior notice is given from either side for not intending to extend the same with a 10% increase of rental.
after expiry the lessie is refusing to vacant the bungalow and saying ho will vacant
the same after making his own accomodation which he may start in month of october and may take 12 to 15 months time.he have purchased land for the same.
my query are as follows
though i have not given any written notice
of 60 days but conveyed him verbally about
120 days before for vacating the same.
-can i take police help to get my bungalow
vacated by force.
-can he insist that since 60 days notice was not given lease is already deemed to be extended and i can only take 10% increase of rent
- as the accomodation given is on market rent with 10% increase every 2 years and
other expenses like water,electricity etc are bear by him 1.e fullfulling almost all the condition recently made by supreme court as model agreement except this agreement was signed about 10 months before
annoucement of guidelines by supreme court
can he claim 5 years immunity of not vacating as per guidelines of supremcourt.
-what other renedy i have to get my bungalow vacated and how much time it will take
ajay sethi
(Expert) 14 May 2012
no written notice was given by you for termination of lease . the lease deed specifically mentioned that 60 days notice was a prerequiste . if you have failed to follow the terms and conditions laid down in lease deed you cannot now cry foul .
is he paying increased 10%rentals .
you cnanot take police force to vacate the bungalow .
contact a local lawyer . ket him go trhorugh provisions of lease deed in detail
Shonee Kapoor
(Expert) 14 May 2012
You should have given notice.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
