• Termination of rental agreement

We have rented a small 1bHK which was given to one of our staff and his family. Property rented in my name.
This person was caught cheating and terminated. He is not vacating the rented property. The landlord has developed a family relation with this employee and his family over the past 6 years.
The landlord is demanding that we should relinquish the same to this person, without any notice period. The landlord also has said that they will pay back deposit as and when this ex-employee gives them a fresh deposit.
Is there any recourse at all for us.?? The rental agreement states a notice period of 2 months.
Pls advise.
Asked 3 years ago in Property Law
Religion: Hindu

11 answers received from multiple lawyers

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11 Answers

1) issue notice to landlord that you want to vacate premises (as rental agreement is in your name )

 

2) if your employee fails to vacate property issue him  legal notice to 

vacate premises and if he fails to do so file complaint of criminal trespass against employee 

 

3) let landlord enter into fresh agreement with the employee 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

Ask company authority send a notice to both tenant and landlord that company do not take any responsibility nor accountability of this transaction from the date of termination of tenant as employee. So landlord should return deposit amount ASAP to company and company is not liable to pay any rent. So the initial agreement with company and landlord state cancelled or terminated.

Send one copy to police commissioner office mark as cc in that letter.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Your case is, you took certain on rent in your name as tenant and gave it to you employee. You employee is now terminated. He is not vacating rented property. Landlord  and employee/tenant are now on friendly terms and you are out of picture. Landlord  promised refund of deposit as and when the employee/tenant pays him. But the problem is when that “as and when” will come. There is remote possibility of “as and when” coming any sooner. Issue a notice  to landlord stating as the employee is fired, you are therefore terminating the lease agreement  with him therefore he should refund your advance. He the landlord  does not oblige file a civil suit for recovery of advance with interest.  

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

Dear sir,

 

You don't have to succumb to the pressure of the landlord. The property is rented in your name so he is not position to direct you action against your will.

It is advised that you first issue a notice to them stating that in case they do not vacate the premises, you will initiate criminal action against him. In case. they don't pay heed to the notice, you shall file a complaint for criminal trespass.

Further you could also file a civil suit for recovery of advance with interest. Thank you.

Anik Miu
Advocate, Bangalore
8872 Answers
110 Consultations

4.7 on 5.0

if its a Leave and License agreement then its only a licence to the tenant to reside in the property and does not create any ownership or right in the property. You have to ensure that your staff vacates the premises.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

You may issue  a notice to the landlord intimating your decision to terminate the rental agreement by observing the conditions imposed in the rental agreement and also send a notice to the employee stating that you have terminated the rental agreement hence he needs to vacate the premises immediately or else he would be considered as a trespasser  and an unauthorised occupier  which is termed as an offence under criminal law.

You demand the deposit amount from the landlord because it is not your problem whether the landlord collects deposit amount with the employee or not. 

If the situation is not conducive, you may resort to legal action as per law in furtherance. 

T Kalaiselvan
Advocate, Vellore
84914 Answers
2195 Consultations

5.0 on 5.0

- You should send a legal notice for the termination of tenancy , and thereby ask for vacate the premises. 

- If, no response, then file an eviction suit . 

- Further , if that property was taken by you on rent , and allowed to live your staff into the same , then also send a legal notice to the landlord for termination of the tenancy and to cancel the agreement with you. 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

Landlord can ask tenant to vacate on expiry of notice period 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

Dear Sir/Ma'am,


  • Landlords cannot ask for a hike in rent contrary to the terms agreed under the Agreement. And according to the state laws, there is a formula for calculating the percentage of increase in rent every year or any other specified term. The tenant is liable to pay the hike only if the increase in the rent amount complies with the formula.
  • The Rent Control Act, 1948 was passed by the Indian Government so as to regulate the various norms of tenancy and land ownership and to curb the exploitation of either the landlord or the tenant due to rent or occupancy. The landlord has the right to evict the tenant immediately as per the Act only under certain grounds. 
  • At no point of time under your tenancy can your landlord ask you to evict or leave the premises without assigning a valid reason. The landlord does not have the right to ask you to evict the premises for a valid reason but within an unreasonable frame of time. The landlord will have to abide to the time period mentioned in the notice. 

 

 

 

Anik Miu
Advocate, Bangalore
8872 Answers
110 Consultations

4.7 on 5.0

- After sending notice & expiration of given period in notice to vacate , the status of the tenant would be like a tress passer , and the landlord having right to take possession of the premises immediately .

- Further, if no vacated , then can file eviction petition before the court . 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

You can stick to the conditions of the agreement.

If the rental agreement states two months period has to be observed, then there is no need to vacate immediately, besides the exorbitant demand made by the landlord is also not payable, you can refuse to pay, he cannot do anything about it, including a police complaint.

This is civil matter hence police cannot interfere in this issue.

 

T Kalaiselvan
Advocate, Vellore
84914 Answers
2195 Consultations

5.0 on 5.0

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