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House lease

(Querist) 29 May 2015 This query is : Resolved 
Hi Experts

I have taken a lease house for period of 2 years in Bangalore from 06 June 2013 and unfortunately being uncomfortable with landlord’s restrictions, I have proposed to vacate the property start of the 6 months itself. They have displayed the to-let board almost from 1.5 years back itself but till now lease is not terminated.

After asking numerous times all the time landlord was saying he has to get another party to refund my lease amount. I have given 3 months lease termination notification in last 9 months back itself but they have declined to acknowledge my notice.

Now the lease agreement will be ending on 06th June 15, but till now there is no communication from the landlord about lease end procedure. I have also served 30 days notice to vacate the premises via registered post. I have clearly mentioned in my notice that my 3.5 years kid joined to the school in the different locality of the city and I am no longer able to stay in the current house after 06th of June 2015. (As per agreement this date is lease end date). My kid has to start his school from 03/06/2015 onwards.

Still the landlord not acknowledged anything, when I approached them they are very irresponsible about it and all they saying is still someone has to occupy the property to release my deposit of 7.25 lakhs.

I have to repay my personal loans to the bank using this deposit and important fact that I have to move to different locality immediately due to my kid’s school. I need to end this lease on 06/06/2015 at any cost.

Landlord also stating that I have not paid 7 lakhs at one shot, I have paid everything using bank cheques and I have all legal proofs of payment.

Your prompt advise much appreciated in this matter as what next step I can do to vocate the place immediately and help my kid to not to suffer without school.

Kind regards
Babu


Sunil S Nair (Expert) 30 May 2015
Send a legal notice to the landlord through a advocate with all relevant documents in your custody
1] Leave and License Agreement
2] Deposit of amount in landlords account
means of deposition of amount / receipts /Bank receipts any/ cheque no/ bank statement etc
Dr J C Vashista (Expert) 31 May 2015
File a suit for recovery through a local lawyer and vacate the house on or before last date. If the landlord does not turn up to take over possession, write a letter to that effect and send it to him/her by registered post.
Your letter of vacating/handing over possession of the demised premises shall have the force of legal notice, no need to repeat.
Rajendra K Goyal (Expert) 02 June 2015
Agree with the experts.

Legal recourse is time and cost consuming.
T. Kalaiselvan, Advocate (Expert) 05 June 2015
The suggestions made by expert Dr. Vashista may be followed, it seems to be quite effective.


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