I have a residential property in Mumbai, which was given on Leave and licensee for a period of 11 Months, with interest free security deposit of Rs.79,000 And Rs.26,600 as monthly Licensee fee from Dec’18, with a clause of 6 months lock in from either of the side. Every month by 5th of the Month, Licensee Fee needs to be paid. After 6TH of JAN’2019, when Licensee didn’t credit License fee in my given account, I asked him about the credit of amount, through Mobile, which was not accessible and then through Whats App, which He did’nt reply. Till 15th of Jan’2019, His Mobile was not accessible, Whats App call he didn’t pick up, then on 18th of Jan’2019, I sent a notice to vacate the flat on 1st of March’2019 through Whats App and agreement will be valid till 28th of Feb’2019, which He said ok and replied “ Because my side problems, I’M fail, not pay your monthly rent, No issue, I hand over the flat”. On 23rd of December, when I communicated him that Mahanagar Gas Bill and Electricity Bill needs to pay immediately, otherwise connections will be disconnected, then He replied “Sir, iam out of Maharashtra, please payment paid you”. In fact then I paid the Mahanagar gas bill payment on my own to save it from disconnection”. Yesterday @ 12.02.2019, I informed him through Whats App that I will be reaching in said flat on 1st of March between 10am-2 pm and requested him to handover me the Flat key and take his security deposit back against the adjustments of Pending rent(Jan,Feb’2019) and others like Electric and Mahanagar Gas bill. In the meantime day before yesterday due to no-payment of Electricity Bill, my electric meter was being taken away by MSEDCL, which also I informed to him. Today @13th of Feb’2019, He called me through Whats App and said, He is in USA, He is coming back to India on 1st of March and then he will stay at my flat and will pay pending Licensee Fee and then onwards will pay regular monthly fee or else I need to pay him total Rs.79,000 now only through RTGS, as He didn’t stay in the flat or He will go to the Court. When I said, why He kept the keys with him without informing, He told me that since presently I stay in out of Mumbai, he didn’t want to inform me for taking the keys… My query is: 1) What should I do??? Whether with his logic, can He go to the court since we are having 6 months lock in period for the Flat, although He didn’t pay 2 months Licensee Fee consecutively without informing.. 2) Since all the Communications are through Whats App, whether that will have legal bindings in case of He is able to go Court??/ 3) In case of He does not turn up by on 1st of March, can I take the entry in Flat on my own??? Any other suggestions???
if 6 months lock in period is mentioned in leave and licence agreement you cannot terminate leave and licence agreement before expiry of said period
2) you can sue licencee for recovery of rentals
3) whats app messages are admissible in evidence
4) you cannot take forcible possession of flat
1. Sir since you already served a notice he is absconding and he has not payed the rent the electricity charge you can deduct same and further if he fails to pay rent of March also along with pending arrears then go to court wait for March . When he will not pay rent for three months then it will be strong ground to file a eviction suit against him.
For time being you have security deposit so you won't have any losses.
2.yes the whatsapp communication are admissible though if fails to pay rent in March also then serve him a legal notice through lawyer and then file suit of eviction.
3. No you should not enter flat on your own possession through court should be taken.
one party will get compensation if other party breaks the Agreement before completion of the Lock-in Period.
You can file a recovery suit to recover the dues.
1. 6 months lock in period is not applicable in case the licensee commits a breach in payment of license on time. The lock in merely means that either of the parties will not terminate the agreement in that period. However in case the licensee commits default then by no logic can the licensor be made to wait till expiry of the lock in period and then take legal action.
2. whatsapp communications can be used as evidence
3. you will have to file a licensee eviction suit against the licensee in the small causes court
also just because the licensee did not stay in the flat, you are not liable to pay the 79k claimed by him. It is completely illegal. The licensee, regardless o whether he occupies the flat or not, is said to be in possession of the flat till a formal handover is done to the licensor
If the licensee is threatening that he will go to court, it is certain that he will fail miserably in any such legal action
Hello,
1) Conversations and communications vide WhatsApp are admissible as evidence in court and therefore if he goes to court they can surely help.
2) As there is a lock in period he can certainly go to court to enforce the same unless you have any clause in the Agreement that specifically states that his default in payment entitles you with a unilateral termination with or without a notice.
3) If he does not turn up, you cannot take a forcible entry as this would amount to trespass and besides his belongings may be in the premises. It is advisable to keep the local police in the loop by lodging a complaint regarding the entire episode. If need be you can get their indulgence if he fails to turn up.
If he is not paying you the rent then court will not entertain his plea. Lock-in don't give him priveledge to not pay rent and other dues. If he doesn't come you can inform the police and break open the premises in their police for security reasons
1. Six months lock in period is only when the other conditions are not breached.
He has defaulted rental payment for past two months, hence he is liable to be evicted.
You may proceed with your eviction procedure, if he is not agreeing then you may file an eviction suit on the same grounds.
2. Whatsapp communication and his acceptance through whatsapp is held as legally valid communication between you both.
3. No, dont do that, it will be registered as trespass or burglary by breaking open the door.
Thank u Sir, for your valuable advice. Kindly go through the below points which are part of my and Licensee’s mutually signed and Stamp Duty paid registered agreement under Maharashtra Govt act. LOCK IN PERIOD: Both the parties have agreed to set a lock-in-period of 06 months during which neither the Licensor shall ask the license to vacate the premises, nor the licensee shall leave the premises on his own during the lock-in period. In spite of this mandatory clause, if the Licensee leaves the premises for whatsoever reason, he shall pay to the Licensor licensee fee for the remaining lock-in period at the rate of agreed upon in the agreement. On the other hand, Licensor shall compensate the Licensee for loss and inconvenience caused to the Licensee if he has been asked to vacate the premises. CANCELLATION: That, Subject to the condition of lock in period( if any), if the Licensee commits default in regular and punctual payments of monthly compensation as herein before mentioned or commit/s breach of any of the terms , covenants and conditions of this agreement or if any legislation prohibiting the Leave and License is imposed, the Licensor shall be entitles to revoke and / or cancel the License hereby granted, by giving notice in writing of one month and the Licensee too will have the right to vacate the same premises by giving a notice in writing of one month to the Licensor as mentioned earlier. Sir, based on above: My query is:1) whether above points singly/mutually confirm in legal terms that despite not paying Regular Licensee Fee for consecutively 2 months, this lock-in-period of 6 months can be abided by Licensee? 2) In that case since 6 months Lock-in period agreed term is there, Licensee will not pay a single monthly licensee fee for 6+1month(Notice Period) and as a Licensor, I have to accept that? 3)allow Licensee to continue the stay in flat as per agreement and take his confirmation of clearing dues and regular payment from 1/3/19 which he is assuring
Default in monthly rental payment is a strong ground for issuing a legal notice demanding him to vacate the premises.
You may stick on to that alone.
1) you cannot evict licencee during the lock in period
2) you can sue the licencee to recover arrears of rentals
3) obtain written confirmation from licencee that he shall clear dues within particular period
1. If in lockin period the licensee fails to pay the rent then in that case also the notice can be given and further they can be asked to vacate the premises.
2. No you can claim the amount and damages you don't have to accept same.
3.Take security deposit of 2 months from the tenant.
This only states that he needs to abide the lock-in clause only notice of one month is required from both the sides to revoke it. But he needs to compensate for the said lock-in period any how