rohan (individual) 02 June 2010

Termination of Leave and License without a clause

I have been living in the same apartment in Pune for last 3 years and my owner got Leave and Lease agreement every 11 months. Current term of the Leave and License started on Feb 2010 and due to some changed circumstances i want to vacate the apartment starting from July 2010. I gave a one month notice and asking my owner to terminate the license and return my security deposit. He says i am legally bound by the agreement and can't vacate till I complete 11 months.

There is No termination clause in the agreement from my side. Need your advice in this situation as to how do i proceed?

In the case of a unregistered Leave and License agreement without having a clause of termination from Licensee what rights does Licesee have? Can I give notice and break the agreement?

Thanks in advance

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7 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 03 June 2010

How much is security deposit , otherwise you are a legal tanent and there are advantages for it.

rohan (individual) 03 June 2010

It is one lakh. Monthly rent is 18,000. I would like to know whether i can stop paying rent and give a one month notice. Appreciate a quick reply.

rohan (individual) 05 June 2010

Can somebody advice me on the above matter.

I want to know if a leave and lease agreement written for 11 months be broken with a one month notice before the 11 month completion. There is no clause in the agreement about this issue.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 05 June 2010

Legal solutions are available in your favour.

rohan (individual) 07 June 2010

Can someone suggest me my immediate action before i approach legal.

My situation is as follows: I have to vacate the house by July 1st. Already i sent a email on June 1st stating i will be vacating from July 1st and stopeed my rent payment.

1) How do I handover the house to the landlord, if he is not agreeing.

2) Are there other things i need to do to give notice that i am vacating ?

Thanks

Bobby Mani T (Lawyer) 10 June 2010

you give a lawyers notice to the landlord, regrarding your intention for terminating the agreement. Else if any one is willing for taking the building for subleting you leave the building after handing over the building to him after receiving the security deposit from him.

Adv. Ranjith Xavier (Advocate) 10 June 2010

Mr. Rohan,

Generally a licence can be terminated with due notice to the licensor irrespective of the period of licence mentioned in the agreement. But, for an accurate analysis of your individual case, a perusal of the licence deed is inevitable.