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sriman kota   02 June 2021

What is legal obligation on the lessor

Mr. A has made a lease agreement with his son Mr.B for leasing his firm.

But without giving any prior notice to Mr.B, Mr.A has suddenly closed his firm given for lease .

Now, can Mr.B go to court of law for raising legal obligation on Mr.A.

please give your valuable advice.


Learning

 7 Replies

Sankaranarayanan (Advocate)     02 June 2021

What firm? Why suddenly closed ? State all facts clearly 

ashok kumar singh (Advocate)     02 June 2021

Lessor is bound to disclose all the material defect relating to the property which is a lease with the former intended use, of which the former is and later is not aware. Lessor is bound to request the lessee, to put him in a possession of property.

Duties of Lessor:

  • Lessor is bound to disclose all the material defect relating to the property which is a lease with the former intended use, of which the former is and later is not aware.

  • Lessor is bound to request the lessee, to put him in a possession of property.

  • Lessor can make a contract with the lessee that, if he pays the rent later on which is reserved by the lease and performs all the terms and conditions mentioned under the contract which binds the lessee, and then the lessee may hold the property during the specified time without the interruption.

  • The lessor or any of his agent to enter the Leased Premises after giving a prior intimation to the Lessee regarding their arrival. ‘

  • Refund any advance payment made by the Tenant if he had made such payment before the Order for vacating the said premises is passed.  

  • Seek permission of the Lessee before building any structures or carrying out any improvements in the Leased Premises. 

  •  

Dr J C Vashista (Advocate)     03 June 2021

Covenants of Leave & Licence / Lease Agreement governing the subject has to be perused for forming proper opinion and oblige.

It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

 

G.L.N. Prasad (Retired employee.)     03 June 2021

I have yet to hear about leasing of a business and I only heard of leasing properties through a registered lease agreement that binds both lessor and lessee.  The clauses in the lease agreement prevail in deciding remedies.

P. Venu (Advocate)     03 June 2021

Why A and B? Post realtime facts?  Are you the lessor or the lessee?

Vasundhara Singh (Student)     04 June 2021

Hello, Greetings of the day!  

The contract of lease is governed under Section 105 to 117 under the Transfer of Property Act, 1882. Section 105 defines Lease as  

A lease of immovable property is a transfer of the right to enjoy such property, made for some time, either expressly or impliedly, or in perpetuity, in consideration of a price paid or agreed to be paid, or of monetary value, a share of crops, services or any other consideration, to be rendered regularly or on specific occasions to the transferor by the transferee who accepts the transfer under such terms.  

 Lessor is the person who gives the property on lease and the person paying the rent is called the lessee. Section 108 of the act lays down the rights and liabilities of the lessor and lessee. Both the parties are bound under a legal contract and the breach of contract leads to serious consequences. The lessor must maintain the leased property, restrain from unlawful eviction, and in the same way it is the duty of the lessee to pay rents as per the contract, maintain the property as per the terms and conditions of the contract.  

If the lessor breaches the contract, the lessee can file for the payment of damages at the civil court but if damages are not an adequate remedy, then the aggrieved party can file the suit for specific performance where the court directs the breaching party to perform his duty as per the contract.  

Best Regards,     

Vasundhara Singh    

Law Student    

T. Kalaiselvan, Advocate (Advocate)     04 June 2021

The contract conditions or the agreement contents are to be pursued for rendering a proper opinion.

Your query is devoid of details hence not able give any suggestion/opinion to this.

If the contract has been terminated by the lessor rbitrailay or unilaterally violating the conditions of the contract, it can be termed as breach of contract, hence the lessee may be entitled for proper relief through a court competent.

Hence better consult a local lawyer or revert with the details about the contact conditions which were violated so that you can properly advised about next course of action to be adopted in this regard.


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