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Author Topic: Tenant not complying to Rent Agreement Terms and Conditions  (Read 985 times)

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Offline amitk

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Tenant not complying to Rent Agreement Terms and Conditions
« on: September 05, 2015, 03:37:44 AM »
I had signed notorized agreement 11 Month with a tenant on 28 July with following highlights.

- Flat to be used for Family and non commercial use only.
- In case tenant want to vacate flat, he needs to give a notice of 60 days at start of ANY month.
- In case, either party requests for pre mature termination, party requesting pre mature termination of contract has to bear penalty of one month rent.
- Sub letting not allowed

Within 6 days of signing contract, male tenant

started pressing me to allow one of his male friend to be allowed in flat (Earlier he has mentioned that he will be staying with his own family). I refused the same and then tenant started making noise about petty issues like basin choke up, tap not working even MSEB Load Shading in that Area !!

I told tenant in written mail that he can vacate flat any time with prior notice of 60 days provided notice is given in start of month and with 1 month pre mature penalty. He didnt comply. He didnt even paid security deposit under context he is out of Cheque Leaflet !!

On 31 Aug, he called just to say that he has vacated flat and keys are given to society supervisor (Person appointed by society for daily society chores). I have never authorised anybody for flat handover.

Now what options do i have?

1, I do have post paid rental cheque, shall i deposit them for this months rental? As i never took flat possession and it is not my problem if he is occupying it or not. As he has not given 60 days notice.

2. He is not complying to Terms and condition of contract like either party requests for pre mature termination, party requesting pre mature termination of contract has to bear penalty of one month rent.

3. How can i claim my financial losses? Also, it will take some more time to find other tenant after i take possession. Till that time, my property is empty.

Agreement is duly submitted at local police station and i pay house property income tax every year for said property. So this is a very clear transaction.

My Primary goal is recover my financial losses and secondary goal is teach lesson to such people who have no regards to Law and legal documents.

Pls advice.

Offline adv.amarnath

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Re: Tenant not complying to Rent Agreement Terms and Conditions
« Reply #1 on: September 05, 2015, 10:33:17 AM »
First without seeing the agreement it will be wrong to consider the person as tenant or licensee.

You cannot force any person to stay at your flat as tenant/ licensee when he has wilfully left out. But at a same time it will be not correct to encash the post dated cheque. Further it will be a wrong decision to take possession of your flat immediately. If you have the address of your tenant, you can send him a notice stating about the fact. Moreover you have to give him opportunity of 30 days for reply.

As I have not gone through the details of your agreement, I cannot tell you about the compensation and other related queries.

For detail advice and consultation, you can contact me.
Regards,

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

Offline amitk

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Re: Tenant not complying to Rent Agreement Terms and Conditions
« Reply #2 on: September 05, 2015, 11:18:25 AM »
Thanks for revert.

I never forced him to stay back but i insisted to provide a written evacuation notice of 60 days which he never did.

How good was it on his part to just leave flat without proper possession? He has handed over keys to some person in society whom i never authorised for handover. What if my flat is used for illegal activities/ criminal offence during this period? Who shall be help responsible?

Offline adv.amarnath

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Re: Tenant not complying to Rent Agreement Terms and Conditions
« Reply #3 on: September 05, 2015, 11:36:07 AM »
The tenant has left the tenanted portion without any prior intimation to you is not at all a question of law rather is breach of terms and condition of agreement. But I would say that it is very situation for you otherwise on adverse situation you have to evict him with due course of law. In that situation you have to wait for eviction decree which will take atleast 3 years if the tenant contest the case.


Handing over key to a person who is not being authorised by you or IF your flat could be used by the tenant on illegal/ criminal activities, shall not be entertain by law or court. If something offence under the code of Indian Penal happened and you have suffered on that event you file a case against him for damage and compensation.

But it is suggestible not to poke such type of reckless.
Regards,

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

 

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