Business Sub-lease Issue arise from the sub-leaser.
We partners of Quantum9 (A Partnership firm) has occupied the premises as lessee located at “8-2-293/82/L/136A/A, M.L.A Colony, Road No-12, Banjara Hills, Hyderabad, Telangana” on “16-May-2015” for a lock in period of 6 Years by depositing the amount of 12 Lacks by agreeing to the enclosed registered agreement with the landlord(Pavan Kumar Kedia). The premises was converted into coffee shop & restaurant named ‘CUPPA’ a Bangalore based franchise by investing nearly 70 lacks by taking the loan from the bank.
As we are unable to run the cafe due to our personal problems. We requested our landlord for sub-leasing the place along with the business. As he granted for the same, we have sub-leased the premises for a persons named “Piyush Agarwal & Mahesh Goel” for a period of one year with a mutual agreement amended with all the conditions as per the enclosed agreement. As he indulged himself with a legal case of playing cards in the café office room, we immediately terminated agreement with piyush and Mahesh on Nov 30th 2015 by keeping some portion of deposit with us for security reasons.
Immediately next month a person named Alamdar approached himself for the sub-lease option. After discussion of terms and conditions with alamdar and his dad, they agreed for the sub-lease conditions and occupied the premises to run the business by giving a deposit of 16 Lacks and monthly commitment of 3,20,000(which includes Rent, Franchise royalty, good will and generator rent) from Dec 1st 2015.
From then they were continuously bugging us for every issue they face in business due to their incapability. As per the agreement we have given the premises to run a coffee shop or a restaurant with all the equipment, we are not all responsible for the business profit or loss.
Even then we consider their problems and helped them by sharing some of the amount from the above mentioned and finally they committed to the amount of Rs 2,50,000/month which includes all for a period of 3 months.
Recently the electricity tempering case was filed on them with a penalty of nearly 7.60,000. As per the agreement they were whole and sole responsible to the activities happened in the premises in their period. As the FIR was filed on them they immediately payed half of the amount and solved the issue. From then they were paying only 1,60,000 per month instud of 2,50,000.
With a short notice(5 days) in the last month, they said they will be closing the café from 1st Aug 2016 as they were unable to bear the loses and asked us to pay rents and other expenses which need to bear by them. As we tried to convince them and continue the business they were reverting on us to pay the full deposit amount 16,00,000. So, that they will terminating the agreement on immediate bases and vacate the premises.
we tried to terminate the agreement by asking them to pay the rent of 3 months instud of 4 months and wave off the goowill amount of 90000 for the 2 months and vacate the place if they wish.
if they want to continue we asked him to pay the things as usual. But these people so rude in their way they dont want to leave the place and dont want to pay the rent. unless we pay there full deposits to there hand. even we need to get few balance amount fro them
please advice us on the below.
1. electricity tempering issue which was happened under there tenure and fir was filed on there name.
2. what step we need to take incase of vacating or getting the rent paid by them.