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Position Date is Important of Agreement Date ?

(Querist) 09 April 2009 This query is : Resolved 
Dear Sir,

Our company has give one of our property to another company on lease agreement. As per Agreement they will bare maintenance charges & paid with rent. They have take position of premises more than one month before showed agreement date.

My Question is Can I charges rent and Maintenance Charges for the Period between Position date & Agreement Date?

please give suggestion in details.

regards,

Ravi
M. PIRAVI PERUMAL (Expert) 09 April 2009
On what terms & conditions your Company has given possession one month prior to the date of agreement ?
Ashey (Expert) 09 April 2009
Yes .. you can .. recital to that effect has to be incorporated in the agreement

Y V Vishweshwar Rao (Expert) 09 April 2009
I Agree with lrd friends and further add that the Terms of the Lease will decide the rents .

It is possible to take opssession in advance for rectification /modifications /repairs to the proerty to suit the purpose of the lesse then only he can enjoy the proerty as lessee , as per the Terms the Possession dated and Lease Date may be a period for the said purpose of Repairs/modifications /rectifcations to suit the lessee and may be as per the terms with out any rent adn maintanance - i advise you to verify the lease Terms

Hiralal Das (Expert) 09 April 2009
I Agree with the ld. friends.
K.C.Suresh (Expert) 10 April 2009
If the agreement speaks about the possetion and corresponding rent then you can claim it
Shashikant V. Patil (Expert) 11 April 2009
Your agreement may be keep untouched though the another company took possession of the premises in advance. The period lapsed and availed can be adjusted by both the parties mutually irrespective of your agreement without changing the recital or making any correction deed to that effect.


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