Suresh (labour) 14 March 2012

Lease agreement termination

Hello all lawyers and members,

I occupied a house for lease on last year (March 2nd 2011) for 2.5 lakhs. The owner said me that he will accept lease for 2 years. Lease agreement was done in Rs.50 stamp paper mentioning the lease period as 11 months ( As a consulted with my friends the agreement will be legally valid only if the period was 11 months). I planned to renew the agreement after completion of that 11 month period. But now the owner is telling that, they want to split(alter) the house into two section so we want to live in either one half of the house. But I like to continue the lease for one more year because i can't simply shift to new place sudenly. What i've to converse with my owner and what is the actual legal solution in this situation. Please advice me.

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6 Replies

M.Sheik Mohammed Ali (advocate) 14 March 2012

either you can get writtenly.

SUJIT S BHALEKAR (Sr. MANAGER-LEGAL) 15 March 2012

Dear Suresh,

First and foremost, you have to go thru the covenants of the Lease agmt. executed between you and owner, especially the TERM/Renewal clause in the Lease agmt..

- However, the renewal of the agmt. will happon only on the mutual written agreement of both the parties, upon the T&C agreed at the point of time.

Regards,

Sujit S. Bhalekar

Pragati (law student) 15 March 2012

mr suresh 1stly i want to tell you that the reason why they put 11 months in the agreement is bcoz to avoid tax and stamp duty which parties have to pay if the time period exceeds 1 year.....in the present case there is no legal solution for your problem....bcoz what you guys decided mutually cant be taken into consideration by the court if it is not on paper in black and white.

according to your Agreement he gave his property to you on lease for the time period of 11 months only and now after the expiry of 11 months either you have to renew your agreement or u have to convince him personally.

Suresh (labour) 15 March 2012

Thanks for all your consideration...and replies..

He accepted to continue for one more year, but he sure on splitting the house int 2 parts and asking us to live either 1 part. But it will not be worthy for my 2.5 lakhs. shall i renew the agreement further?. is it legally possible for the owners to alter(major) the house when the house was in the agreement.? if renewing areement is ok means, shall i put duration for 12 months?. That agrement must be registered with register office?... PLease suggest me your valid replies.