Meenakshi (Lawyer) 28 November 2010

Leave and License

Back to this club after a very long time.........My query is........In a leave and license agreement for a period of 3 yrs, there is a clause that states that, either parties can terminate the agreement by giving a one month Notice.....The Licensee after 2 yrs orally expressed his intention of terminating and vacated thge licensed premises in 10 days...........The Licensor is not ready to refund back the Security deposit on grounds that no notice was served.....Is a notice so compulsory as to forfeit the deposit amount???? its been 4 months the licensee has vacated the premises...The Licensor is just not ready to part with the SD...

3 Replies

V. VASUDEVAN (LEGAL COUNSEL) 28 November 2010

As per your brief, the notice period of just short of 20 days!. At the best, the licensor can recover rent for this period and is duty bound to return the remaining amount of security deposit. Has the key/possession been handed over!

vasudevan

Ramakrishnan Gangadharan (President) 30 November 2010

In my opinion, if the agreement has a clause saying one month notice IN WRITING from either side is required, then informing orally and leaving within 10 daysis legallay not correct and the licensee may have to approach the court only for getting the SD back, that too at the mercy of the court only

Bharatkumar (ADVOCATE ) 30 November 2010

First, see the term and condition of the agreement. In agreement it's write when licensee vacate the property and for that he has give a notice to the licensor with proper reson in that time licensor refund a SD amout to the licensee otherwise licensee apporch a court.