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Old 14-03-07   #1
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Default Can Lease be terminated before expiry

I have entered into a Lease Agreement for the property with the actual property owner. He blames me for using the property for purpose other than the permissible conditions. I am a layman in terms of legalities involved. I want to know:

1. What exactly are the consequences of using a property under such conditions?

Also, I have decide to end the Lease Agreement. Can somebody answer:

2. If, a lease can be terminated before the expiry of the lease period, as stated in the lease agreement? If yes, how should I proceed in the required direction to avoid any legal hassles in future?

Thanks in advance....

Last edited by Aadesh; 14-03-07 at 03:49 PM.
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Old 14-03-07   #2
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Dear Aadesh,

Best of Luck for your new avenues in new town.

Here are the solutions for your problems:

1. By law, as per the terms and conditions outlined in the Lease agreement, the lessee i.e. you are not permitted to use the premises for any purpose other than those specified in the agreement.

Whenever, such a breach of agreement is noticed, a show-cause notice is issued in the name of the offender, ordering him to act upon the breach within 30 days (or 60 days, depending upon the individual circumstances) from the date of notice.

Although, the lease agreement can be determined, if you dis-continue the breach done, but, as of now, you have decided to leave the property, below are the conditions stated under Section 111.

2. As per the provisions of the law, a Lease can be terminated under the following instances:
a. Efflux of the time limited, or

b. On happening of any event where such time is limited conditionally by this event, or

c. On happening of any event where the interest of the lessor in the property terminates because of it, or

d. On happening of such event in case where the interest of lessee and the lessor become vested,

e. By express or implied surrender or on expiration of a notice to determine the Lease, or

f. To quit or of information to quit duly given by one party to another.
But, be careful, to consult to your personal lawyer for your personal conditions.

Last edited by parulthakreja; 14-03-07 at 03:59 PM.
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