Defective agreement
7 months ago
i entered into a rental agreement/contract with a property management service provider in august 2021 for a monthly rent of Rs18000/- + maintenence of Rs 2100/ pm.The service provider was allowed to lease the property to their client on the strength/basis of my contract.
The service provider in turn entered into a lease agreement/contract with their client which has flaws.
1.The lease contract says the service provider is under the possession of a agreement/contract with the property owner dated July 2020 (which could be a typo error) which is not true
2.The lessor (service provider) was to be paid a sum of Rs 15 lakhs by the lessee (tenant) as per the agreement/contract but the lessee has transferred the money through UPI transactions to a employee of the firm (general manager who is also a signatory in both the agreements / contracts) and not to the service provider / firm.Doesn't this make the second agreement / contract null and void since the money is paid to the individual and not the service provider / firm
If both the parties to the contract are under a mistake as to the quantity of the subject matter, the agreement is said to be void.
In this case, since the consideration is not there, it can be null and void contract.
Observing so many flaws/lacunes in the sub-lease agreement executed by the Service provider with a third party, you need to serve a legal notice to your service provider to cancel or terminate the agreement entered by him with his client failing which you would revoke and terminate your rent agreement serving a notice in terms of the said agreement. In case the said legal notice does not work, then file an eviction suit against the tenant and third-party client before the Court. Reach out to an Advocate for guidance and steps.
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