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Author Topic: Terminating a Lease After the Lock-In Period  (Read 646 times)

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Offline anon1232

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Terminating a Lease After the Lock-In Period
« on: August 29, 2015, 06:15:54 AM »
I am a tenant and my Lease agreement states that:

That the Licensee or the Licensor has the right to terminate the Leave & License Agreement with written notice of (1) one month after the lock-in period of first 6 months except as otherwise stated in this agreement.



Can I give the notice after 5 months and leave after 6 months OR I'll have to wait for the completion of 6 months to give notice and leave earliest by the 7th month?

Offline adv.amarnath

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Re: Terminating a Lease After the Lock-In Period
« Reply #1 on: August 29, 2015, 09:48:10 AM »
First of all I would like to say that you are not at all a tenant. Your status is Licensee. Now you can vacate the licensed portion at any point of time. There is no law regarding lock in period. It is not at mutual fund or MIS. But if any security deposit is with the Licensor and if there is any deduction or penalty provision, then it is something separate. Though you have not mentioned existence of such type of clause in your query.

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Amarnath Sanyal
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Offline anon1232

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Re: Terminating a Lease After the Lock-In Period
« Reply #2 on: August 29, 2015, 11:13:17 AM »
I would like to clarify that there is indeed a security deposit involved. The lease agreement states that:

The said deposit shall be refunded to the Licensee on the termination of this agreement and on receiving the peaceful possession of the licensed premises with all the fittings and fixtures etc. in good condition and all dues having been cleared by the Licensee.

Offline adv.amarnath

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Re: Terminating a Lease After the Lock-In Period
« Reply #3 on: August 29, 2015, 01:15:40 PM »
I would like to add that Nomenclature of the Agreement is to be seen rather the contents of the Agreement and intention of the parties in the agreement is to be seen. You have told that you are a tenant and agreement is a Lease and in contains of the agreement is Licensor and Licensee.

Therefore, it is not clear status of either parties. Therefore, what was the intention of both parties at the time of execution of the agreement has to be looked in to determine your status as follows:
Landlord - Tenant.
Lessor - Lessee
Licensor - Licensee...

 
Regards,

Amarnath Sanyal
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Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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