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Author Topic: Husband gave notice about vacating apartment but spouse wants to continue lease  (Read 1616 times)

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Offline James

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I want to take a moment to appreciate your efforts in helping the people who need law help. It is so nice of you.

This year I have written lease agreement with tenants (husband and wife) for 11 months of Lease with security deposit.
In the agreement it is mentioned that tenants has to give 2 months of advance notice before vacating apartment.

Now because of their family problems husband says that he is not living in the apartment any more and asking for repayment
of security deposit even though his wife is still living in the apartment. His wife does not want to vacate the apartment, she insists on continuing her stay in apartment.

He has sent me lawyer notice (Picture in email) for repayment of deposit within a week.
But they did not vacate the apartment.

In that lawyer notice bar number is striked off. How to identify if that lawyer real or fake ?

Could somebody advice how to handle this issue?

I really appreciate your suggestions.


Offline advgaurav.sharma

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You have given an apartment on rent to a couple and you had a valid agreement.
Now if the couple separates is non of your concern. That legal notice is irrelevant until and unless the apartment is vacated only than can they ask for security deposit.
Advocate Gaurav is a specialist in Trademark laws

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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You have said about Lease Agreement and claiming them to Tenant?? Lease Agreement and Tenancy Agreement and Leave and License Agreement, three are different and guided by three different laws. First you have determine you agreement first before taking any legal action against them. Moreover, Lease Agreement is a compulsory register document.

Now, you need not to be under pressure and/ or worried about the legal notice but at a same time you may reply to him strictly and to the law point. Further Husband and wife are same person until they get divorced. So, when his wife is staying, so there is no question of refunding security deposit to him until and unless you get your property vacated.

For further clarification and consultation in details you can contact me.

Amarnath Sanyal
Email -
Mob - 09830303322

Offline James

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Thank you for your responses. I really appreciate it.


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