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Author Topic: Rental agreement amendment during tenant notice period in Hyderabad, India  (Read 480 times)

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Offline gayatri50

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I am planning to let out my flat lease for 11 months in Hyderabad. Tenant of the flat will be private company who wants to use the flat for their employees accommodation. I received rental agreement from the private company where terms are beneficial for the tenant rather than owner which they want me to sign. I have mentioned about changes in the terms but the private company is reluctant to do any modifications.

Here are my concerns for this agreement, need your suggestions.

(a) Lease can be terminated by either parties giving 2 months notice period. Advance given for 2 months will be adjusted by the tenant during the notice period. If tenant didn't pay any previous months rent, electricity, maintenance, any damages done to the flat ..etc by the time of notice period being a owner I will be at risk ?

(b) If i sign the rental agreement now later during the notice period being an owner can i ask for rental agreement amendments or send an legal notice when i find out any past dues or damages to my property are done by tenant ?   

Since they are other flats in the apartment available i don't want to loose money by keeping my apartment vacant. I am trying to understand risks involved, need your valuable suggestions.

Please send me an email at gayatri50@yahoo.co.in

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Agreements cannot be amended until and unless both parties agree. But at a same time all terms and conditions of the agreement shall be deem to be valid except which is contrary to Transfer of property act Section 108. Notice can be given with a clear 1 month for eviction
Regards,

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

Offline rajgopal sripathi

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Hi
My response.
You can agree that lease can be terminated by either parties giving 2 months notice.
However advance given for 2 months is incorrect clause proposed by tenant. The tenant is eligible for refund for advance if and only if he gives back the possession of property in good condition and order. A tenant cannot adjust his rent against his advance. So say " Big no" to adjusting advance against notice period.


Once signed the rental agreement can be modified as these are 11 months tenancy where the tenancy continues month on month. Yes you can claim past dues/damages by sending legal notices to tenant or seek amendments as and when necessary.

By and large in hyderabad, it is difficult to find a good tenant, but it is all the more extremely difficult to evict a bad tenant. So take a wise judgment.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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