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Termination of rent agreement

(Querist) 17 June 2024 This query is : Resolved 
Pl. check out rough draft of termination of tenancy. Pl.suggest ways to strengthen it,.... Without Prejudice
Date: {today's_date}
To: Mr. ******
Address: **********
Subject: Formal Notice of Tenancy Termination Pursuant to the Transfer of Property Act, 1882

Dear Mr. *******

This communication is written on behalf of the lawful owner of the premises situated at ***********. It serves as an official notice for the termination of your tenancy agreement, as outlined in Section 106 of the Transfer of Property Act, 1882.

The termination of this agreement is based on the following compelling reasons that necessitate immediate attention:

Change in Ownership: Following the recent transfer of my client's family residence in accordance with their late mother's wishes, they are no longer in possession of a personal residence within Ahmedabad. This situation triggers the termination clause within the tenancy agreement, allowing them to reclaim the property for their own use.

Property Damage and Unauthorized Construction:

On August 11th, you reported filling a large cavity in the property. However, you simultaneously expressed concerns about the house becoming structurally unsound, raising serious questions about the cause of the damage.
Unfortunately, rather than engaging constructively to address these issues as outlined in our letter dated September 10th, 2023, your response consisted of a legal notice filled with inaccurate claims. We subsequently elaborated on this point in our communications dated November 11th, 2023, November 26th, 2023 (reminder of the first letter), and January 15th, 2024. Furthermore, your response deflected from addressing the potential structural concerns, constituting a violation of trust.
In the absence of a cooperative response, my client was compelled to contact the Ahmedabad Municipal Corporation (AMC) to investigate the situation. Their findings revealed that the extension of sewer and water pipelines at the property lacked the necessary permits.
We hereby request that you, within the next 30 days, provide a certificate from a qualified civil engineer confirming that the unauthorized construction of the pipelines did not contribute to the reported structural damage. Failure to comply with this requirement may necessitate legal action under the Act to rectify the damage caused and recover any outstanding rent.

Additionally, the AMC findings revealed unauthorized construction of outbuildings (bathroom, WC, and kitchen) on the property. You are required to oversee the demolition of these structures under the supervision of a qualified engineer. Once complete, you must provide a completion certificate from the engineer verifying the satisfactory demolition. As part of the move-out process, you are also required to furnish clearance certificates from the Ahmedabad Municipal Corporation (AMC), Torrent Power, and the Revenue Department, confirming that all outstanding utility bills and property taxes have been settled.
Verification of Rent Payments:
We refer to your legal notice which included a check for ₹3,600. Additionally, your claim of consistently depositing rent payments directly into the designated bank account requires verification. We request that you provide documented proof of these rent payments within the next 15 days. Acceptable documentation includes bank transaction receipts or account statements demonstrating the alleged direct deposits. Furthermore, you are required to collect all outstanding rent payments, including but not limited to the aforementioned ₹3,600 ONCE AGAIN , by providing a cheque, demand draft, or cash, whichever is most convenient for you.
Please be advised that failure to comply with the directives outlined in this notice and to vacate the premises within 30 days from the date hereof will necessitate further legal action to safeguard my client's property rights and enforce the termination of the tenancy agreement.
Your cooperation in ensuring a smooth transition and preserving the structural integrity and legal status of the property is paramount. Should you require clarification on any aspect of this notice, or have any inquiries, please do not hesitate to contact me directly.
We anticipate your understanding and prompt compliance with the conditions laid out herein. Thank you for your immediate attention to this matter.


[Your Name]

T. Kalaiselvan, Advocate (Expert) 17 June 2024
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