• Can lessee give notice in lock-in period of a lease to lesser

Hi,

I want to know Can lessee give notice in lock-in period of a lease to lesser?


Following are the relevant lease terms

1. That the lease period be of 3(three) yearsvi.e. 1.6.2013 tp 1.6.2016. The first lock-in period of this lease is minimum One year. The lessee cannot sublet the premises to any other company/person/party. This will result in immediate termination of agreement,forfeiture of security and it will be considered the premises vacated by lessee.

Notice Period:-

2. That if lessee wants to vacate the leased premises after completion of lock-in period then he will give written notice of three months in advance to lesser.


With these lease terms can lessee give notice within one year so that he can evacuate it just after 1 year i.e. 31.5.2014?
Or
he has to wait for the completion of lock in period (One year) before giving notice to the lessor?

Thanks in advance.

Regards,
Nitin
Asked 3 years ago in Property Law from Patiala, Punjab
Lessee can give notice of 3 months even before expiry of lock in period so he can leave the premises on expiry of the same.
Devajyoti Barman
Advocate, Kolkata
6890 Answers
78 Consultations
4.9 on 5.0
yes,but will have to wait till locking period
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
No he can but have to vacate only after one year.
Devajyoti Barman
Advocate, Kolkata
6890 Answers
78 Consultations
4.9 on 5.0
vacate only after one year.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. The lock in period is for paying the rent for 1 year,

2. It does not restrain the lesee to issue notice to vacate the leased property after the lock in period,

3. So, the lesee can issue a notice for his vacating the leased premises after the lock in period.
Krishna Kishore Ganguly
Advocate, Kolkata
13560 Answers
291 Consultations
5.0 on 5.0
1. Yes, the lesee can certainly issue notice within the lock in period for vacating the leased property after the lock in period,

2. It is not that the said notice can not be issued within the lock in period.
Krishna Kishore Ganguly
Advocate, Kolkata
13560 Answers
291 Consultations
5.0 on 5.0
1) lessee cannot be evicted before expiry of one year ie 31/5/2014 . however legal notice can be issued 3 months in advance so that  lessee vacates on expiry of 1 year lock in period
Ajay Sethi
Advocate, Mumbai
27252 Answers
1480 Consultations
5.0 on 5.0

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