Question

3. Discuss the relations between “Lessor” and “Lesser” with reference to Lease Agreement? In support of your answers make reference to relevant legal authorities.

Answer 1

First we define the terms Lessor & lesser

Lessor : The owner of a real property who rents it to lease it to the lessee pursuant to awritten leases. so the land lord & lessee is the tenant,

Lesser : is a person who rents land or property from lessor & must uphold specfic obligations as mentioned in the lease agreement & by law . The lease is a legally binding document & in case the lessee violates the terms he/she could be evicted.

A lease establishes the relationship of landlord & tenant , both a conveyance of a possessory estate in real property & a contract between the parties. Through the lease, the tenant receives a right to legal possession of the property in exchange for "valuable consideration" rent paid to the landlord. Most leases specify the duration of the agreement, The terms for extending the agreement & details regarding rent payments.

Two sets Of agreement between the landlord and tenant arise: Those that exist in relation to traditional property laws, & those that arise due to the contractual promises of the lease. Many states also have legislation designed to protect the rights of residential tenants, including the right to fit housing and rules regarding evictions. .In aLand lord - tenant relation ship of property & the tenant has have non free-hold estate in the property . there are mainly four types of tenancies 1) Tenancy for years 2) Tenancy from period to period 3) Tenancy at will 4) Tenancy at Surfferance.

Here some simle questions which are often amatter of great concerns :

How can a permises be sublet by a tenant ?

ANS : Under law any subletting by a tenant has to take a written consent from the land lord, who has let-out the premises to the tenant. In case there is no written consent from landlord, then subletting done by the tenant is illegal and in such case the tenant should be liable for eviction from the premises. through courts.

2) Ihave filed a suit for vacation of my rented property .The tenant was challenged the validity of the notice.

Under section. 106 requires is that a lease from month to month is terminable on the part of either the lessor or the lessee by 15 days’ notice expiring with the end of a month of the tenancy. A legal termination of the monthly tenancy thus requires two conditions to be fulfilled ie That there must be a notice terminating the tenancy giving 15 day’s notice & it must be expire with the end of the tenancy month. A notice giving mere 15 days’ time by itself will not answer the requirement of s. 106 but it must also indicate that the 15 days’ period must expire with the end of the tenancy month.