• Unrealised rent, income tax filing

We had given our premise to a company. Although their payment was on time and regular there were issues regarding renewal as they were forcing us to get into agreement with other companies of their group. We do not have a proof in writing that they were forcing us to renew as per their terms. They stated this in meetings only. 

We refused their terms but they did not vacate at the end of the agreement period. 

After multiple legal notices sent to them asking them to vacate the premises and clear our dues, they sent us a letter that they will be vacating a part of our premises. 

On the date they were supposed to hand over the partly vacated premises to us, there was no communication from their end. In following weeks, we called them and also went to their other office to meet management (as the management was not coming to our premises) but their management didn't meet and respond.

Meanwhile they were keeping our premises occupied by keeping their furniture there (which we are sure of as we could see from outside but do not know how to prove in court) and probably also using for office work (which we are not sure of).

Now after all these months they have vacated but they refuse to accept dues, for the part they said they would vacate, for the period over and above the date mentioned in their notice of vacating the premise.

They are still using another part of the premise. And ever since the previous agreement ended, they have stopped paying rent, taxes or maintenance fee.

I want to know 
1) Isn't it required for both parties to sign some paper/document for handing back of the premises at the time of vacation just as they sign at the time of renting?
2) Does a tenant has the legal right to with-hold a part of the premises and vacate it part by part? 
3) If the matter goes to court, will the court accept their argument that a notice of vacation was sent to us, so it was our responsibility to take possession? Our argument is that we couldn't just 'break into' that part of the premises that they said they were vacating. 
4) How can we prove in court, that we tried contacting them but they didn't respond?
Asked 21 days ago in Taxation from indore, Madhya Pradesh
1) letter has to be signed by the licencee that vacant possession of premises has been delivered on expiry of the agreement 

2)tenant cannot withold part of the premises and vacate balance portion 

3)if notice of vacation was sent correspondence exchanged between parties would show whether possession was delivered or not 

4)emails , letters exchanged between parties would show that you tried contacting them but they did not respond 
Ajay Sethi
Advocate, Mumbai
33800 Answers
1872 Consultations

5.0 on 5.0

1) Isn't it required for both parties to sign some paper/document for handing back of the premises at the time of vacation just as they sign at the time of renting?

if period of tenancy is mentioned in the rent agreement than no need to sign any other document for handing back the rental house. agreement becomes infructuous immediately after lapse of time mentioned in agreement. 
Shivendra Pratap Singh
Advocate, Lucknow
4106 Answers
58 Consultations

4.9 on 5.0

2) Does a tenant has the legal right to with-hold a part of the premises and vacate it part by part? 

no, tenant has no such unless and until it is mentioned in the agreement. tenant is bound to vacate the house immediately after lapse of tenure. if he carries on possession he is bound to pay rent for that period and "mesne profit" (compensation) in addition to the rent. 
Shivendra Pratap Singh
Advocate, Lucknow
4106 Answers
58 Consultations

4.9 on 5.0

3) If the matter goes to court, will the court accept their argument that a notice of vacation was sent to us, so it was our responsibility to take possession? Our argument is that we couldn't just 'break into' that part of the premises that they said they were vacating. 

No, this argument shall not sustain in court because there is no law that support forceful dispossession of tenant, it is responsibility of the tenant to vacate the premises immediately after the lapse of tenancy period. 
Shivendra Pratap Singh
Advocate, Lucknow
4106 Answers
58 Consultations

4.9 on 5.0

4) How can we prove in court, that we tried contacting them but they didn't respond?

carry on the possession after lapse of tenure of tenancy itself proves that there possession is illegal. notice is not mandatory if period of tenancy is mentioned. court shall presume "ipso facto" that possession after lapse of period is illegal and tenant is trespasser. 
Shivendra Pratap Singh
Advocate, Lucknow
4106 Answers
58 Consultations

4.9 on 5.0

1.  The handing / taking over process is different from the present crisis you are facing.
The tenant company has not paid your dues and has not handed over the property properly nor it is has delivered vacant possession on vacating the premises, hence it is deemed that they are still in possession of the demised property.
You are entitle to rent and other charge till the time they have not done the proper handing over the premises.

2.  He has no such right, he has to deliver the vacant possession of the entire rented premises and not part by part, he can be sued for this also.



3.  Their argument will not hold good before court, because this is unreasonable demand made by them.



4.  You do not have to prove them, you may just narrate the incidents 
T Kalaiselvan
Advocate, Vellore
23776 Answers
235 Consultations

5.0 on 5.0

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