By expiry of the time specified in the lease In case such time is dependent on the happening of some event, on the happening of that event I...
By expiry of the time specified in the lease
In case such time is dependent on the happening of some event, on the happening of that event In case the interest of the lessor in the property terminates on the happening of any event, then on the happening of that event
In case the interests of the lessee and the lessor in the property become the same i.e. lessor and lessee become the same person - the lessee buys out the rented property
By express surrender. In case the lessee surrenders his interest under the lease to the lessor and there is a mutual agreement between them
By implied surrender. If a lessee accepts from his lessor a new lease of the property leased, to take effect during the continuance of the existing lease. This is an implied surrender of the former lease and such lease is determined
On the expiry of a notice to determine the lease, or to quit the property leased, duly given by one party to the other
The lease may also get terminated by forfeiture. This is in case the lessee breaks an express condition, because of which the lease may be terminated. Also, in case the lessee renounces his title as such by setting up a title in a third person, if the lessee is adjudicated an insolvent and the lease provides that the lease would be terminated on the happening of such event, or in any of these cases the lessor or his transferee gives notice in writing to the lessee of his intention to determine the lease, it is terminated.
A forfeiture can be waived by acceptance of rent which has become due since the forfeiture, or by any other act on the part of the lessor showing an intention to treat the lease as subsisting and continuing.
A notice given as mentioned can be waived, with the express or implied consent of the person to whom it is given. This can be done by any act on the part of the person giving it which shows an intention to treat the lease as subsisting. For example, A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires. B tenders the lease rent and A accepts the rent which has become due in respect of the property since the expiry of the notice. The notice is deemed to be waived.
There may be a case where lease of the property has been determined by forfeiture for non-payment of rent, and the lessor sues to evict the lessee. In such a case, if the lessee pays to the lessor the rent in arrears, together with interest and his full costs of the suit, the court may in lieu of making a decree for eviction, pass an order relieving the lessee against the forfeiture.
A lease of immovable property may be determined by forfeiture for a breach of an express condition which provides that on its breach the lease will get terminated. However, in such cases, no suit for eviction will lie unless the lessor has served on the lessee a notice in writing specifying the particular breach complained of and if the breach is capable of remedy, requiring the lessee to remedy the breach, and the lessee fails to remedy the breach.
However, there cannot be any relief to the lessee if there is an express condition against the assigning, under-letting, parting with the possession or disposing off the property leased and the lessee breaches that condition.
Courtesy: TimesofIndia, bangalore
In case such time is dependent on the happening of some event, on the happening of that event In case the interest of the lessor in the property terminates on the happening of any event, then on the happening of that event
In case the interests of the lessee and the lessor in the property become the same i.e. lessor and lessee become the same person - the lessee buys out the rented property
By express surrender. In case the lessee surrenders his interest under the lease to the lessor and there is a mutual agreement between them
By implied surrender. If a lessee accepts from his lessor a new lease of the property leased, to take effect during the continuance of the existing lease. This is an implied surrender of the former lease and such lease is determined
On the expiry of a notice to determine the lease, or to quit the property leased, duly given by one party to the other
The lease may also get terminated by forfeiture. This is in case the lessee breaks an express condition, because of which the lease may be terminated. Also, in case the lessee renounces his title as such by setting up a title in a third person, if the lessee is adjudicated an insolvent and the lease provides that the lease would be terminated on the happening of such event, or in any of these cases the lessor or his transferee gives notice in writing to the lessee of his intention to determine the lease, it is terminated.
A forfeiture can be waived by acceptance of rent which has become due since the forfeiture, or by any other act on the part of the lessor showing an intention to treat the lease as subsisting and continuing.
A notice given as mentioned can be waived, with the express or implied consent of the person to whom it is given. This can be done by any act on the part of the person giving it which shows an intention to treat the lease as subsisting. For example, A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires. B tenders the lease rent and A accepts the rent which has become due in respect of the property since the expiry of the notice. The notice is deemed to be waived.
There may be a case where lease of the property has been determined by forfeiture for non-payment of rent, and the lessor sues to evict the lessee. In such a case, if the lessee pays to the lessor the rent in arrears, together with interest and his full costs of the suit, the court may in lieu of making a decree for eviction, pass an order relieving the lessee against the forfeiture.
A lease of immovable property may be determined by forfeiture for a breach of an express condition which provides that on its breach the lease will get terminated. However, in such cases, no suit for eviction will lie unless the lessor has served on the lessee a notice in writing specifying the particular breach complained of and if the breach is capable of remedy, requiring the lessee to remedy the breach, and the lessee fails to remedy the breach.
However, there cannot be any relief to the lessee if there is an express condition against the assigning, under-letting, parting with the possession or disposing off the property leased and the lessee breaches that condition.
Courtesy: TimesofIndia, bangalore
