Property leased for residential purpose
04-Feb-2023 (In Property Law)
leased an apartment for 16 months through registered lease deed. Terms of lease includes a clause that either of the party can terminate the lease by giving 1 month notice. Now it is 15th month and my lease ends after 1 month and i want apartment back. The lessee insists on vacating after 2 months. I have few queries. 1. I understand if i send him notice to vacate then he might not vacate that easily. Court eviction can take min 6 months. 2. If i cooperate with him to avoid court confrontation, then is it safe to let him use for 1 month extra than the period mentioned in lease but not renewing the lease agreement for 1 month. 3. Is it advisable that i give him lease termination notice and asking him to vacate at the end of lease (to safeguard my interest) and then allow him to use place for 1 extra month.
Seeing the facts of your case and going by information provided, lease is anyway expiring in after 16 months and i am sure there would be a clause in the lease deed that if the parties want to extend the lease deed they can do it mutually agreeable basis.
Legally if he is not vacating the premises after the lease has expired he is attracting himself to some penal laws.
Legally if he is not vacating the premises after the lease has expired he is attracting himself to some penal laws.
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