Anirban Gope (Advocate) 15 October 2013

Sublease

Mr. x lease out his property to Y for specific period and Y lease out the same to Z. Tenue of the both lease and sublease has been over. Mr. X already issued termination letter to Y and copy given to Z. Mr. X also wants to execute fresh lease deed with Z. But Z had deposited some amount as a security deposit to Y. Y is not ready to return the same. In this context please suggest me can Z enter into a fresh lease deed with X?

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3 Replies

Advocate Rohit (Advocate) 15 October 2013

Mr. X can withhold the security deposit given by Mr. Y and ask Mr. Y to settle the dues of Mr. Z and then Mr. X shall refund the security deposit to Mr. Y. Thus, it could be solved. but if Mr. X has already given the deposit back to mr. Y, then Mr. Z needs to file a civil complaint against the Mr. Y for recovery of dues.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Anirban Gope (Advocate) 15 October 2013

Is there any legal binding to enter into a fresh deed with X?

Kishor Mehta (CEO) 15 October 2013

Sir,

Mr.X is a holding over occupier of the property and legal procedure is to be followed to make him vacate. Everything depends on the terms and conditions of the Lease deed, if renewal is not provided for in the Lease deed, then there is no legal binding to enter into a fresh lease deed.

Good Luck,

Kishor Mehta