Unexpected Fallout With A Friend

Hey that's being very generous of you. Hope your tenants appreciate the gesture.
You are right in saying that both the clauses contradict each other. Tenant is expected to inform the owner if they are staying in or moving out by a single date. Not two dates. We don't see any merit in their logic. Since the new lease was edited on top of the old lease signed with the previous owner, we kind of overlooked this 60 day notice period as this is a general clause. Honestly who would expect a 60 day notice period for a 90 day rental contract?

 

@Viswamitra , thanks for replying. I will add additional details for clarity. The house we are talking about was in the hands of a different owner when we first moved in. We had signed a 3 year contract with the owner with a 2 month notice period. After about 1.5 years, the owner wanted to sell the house and my friend became the new owner. Since our relocation plan was shaping up around the same time, we went and informed them about it. As our plans were not fully in place, my husband insisted that all of us sign a 11 month contract with 2 months of notice period. But the following day, they called up to tell us that they prefer a 3 month contract instead of 11 months. Couple of weeks later, we signed the following agreement. I have given you the gist of main terms and conditions. We paid 6 months of rent as deposit for 3 months of contract.

• The lease of the said premises shall be for the exclusive residential use of the Lessee, and his family only. The Lessee undertakes not to transfer the subject of rental to anyone else under any circumstances. The Lessee shall not sublet or underlet the said premises to any person. Lessee agrees and undertakes that he/she will not allow the premises to be used / occupied by any other persons than those of this family members and that the property will be used for residential purposes.
• The lease shall commence on 15th August 2018 and shall be in force for 3 months thereafter, i.e. till 15th November 2018. The Lessee shall communicate their intention to extend the lease by 15th October 2018 and the new lease shall thereafter be executed for such periods and such terms as both the Lessors and the Lessee may mutually agree.
• The Lessee agrees to pay to the Lessors a sum of Rs. XXX towards security deposit. The security deposit will be refunded when the Lessee vacates and hands over possession of the said premises after deducting dues and arrears, if any. These dues and arrears shall include rent dues cost of damage or alterations to the property except for normal wear and tear and consumption charges of electricity and telephone land line unless the Lessee has submitted the proof of having settled all dues towards electricity, water and telephone.
• The lease can be terminated by either party to the Agreement by giving 60 days notice, in writing of its intention to terminate the Agreement or by giving a notice and paying in lieu for the same.
• At the time of vacating, the Lessee undertakes not remove anything that is part of the property such as wiring, furniture and fittings, water pipes, sanitary fittings etc.

We stayed in the house for the said 3 month period and vacated by 15th November.

 

Sorry for not being clear. I referred to the email version of the rental agreement. We circulated the old lease to my friend. They made changes to that copy and sent it back to us. Hope am clear.

Please note that there is no mention of painting anywhere.

The house was painted and repaired by the earlier owner when we moved in 1.5 year ago. We disputed that my friend may deduct equivalent amount spent by the earlier owner but not an enormous sum of 45,000. My friend used the services of branded painter to paint the house whereas the previous owner used a local contractor to do the job.

 

Regarding car parking, It is a normal practice in our apartment community since some people have more than one car and they need extra parking. My friend has been using our parking space for the last 6 to 7 years. She normally pays us once or twice a year for the period of usage. Isnt she supposed to inform me if she suddenly decides to stop using our parking space?

 

Hi @Shanvy,
Nice to read your reply. If you and others are saying that the agreement looks fine, then probably we have understood it wrong. Whatever it is, it is difficult for me to deal with this kind of a person.
Even today, I don't regret anything I gave her. Like you said I could not have carried everything with me. I mentioned it here just to make my point.
Another example I would like to quote - she owes me about 1500 for one of the lunches we had with our kids. She forgot to repay me and I never brought it up. Am not saying that I am better than her, I thought this relationship was worth more than that.