1) lock in period is 6 months
2) after expiry of lock in period youcan terminate agreement after giving landlord one month notice tolandlord
3) one month notice can be given after 6 months only
4) landlord interpretation is correct
Termination of the rental agreement
My rent agreement has a lock in period of 6 months. I wish to leave at the end of the 6 month period by giving the notice to the landlord one month in advance i.e at the end of the 5th month. But the landlord says that the one month notice period is supposed to begin after the initial lock in period of 6 months is over. That would mean that I can only leave at the end of 7 months. That sounds incorrect because effectively the lockin period would become 7 months in such a case. The relevant clause in the agreement is this - "Notwithstanding anything contained in the agreement The Licensees shall be entitled to terminate the agreement by giving The Licensors one month notice in writing of its intention to do so, after the expiry of the initial lock in period of 6 months. " I have preserved the exact punctuations in the above paragraph from the agreement. Please advice if the landlord is correct.
Asked 7 years ago in Property Law
Religion: Hindu
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6 Answers
1. I regret the language of the agreement confirms that before expiry of 6 months you can not give one month notice to quit the premises.
2. So in other words the virtual lock in period is 7 months only.
3. So in this issue the landlord is correct and I would advise you to proceed by this interpretation only.
after the expiry of the initial lock in period of 6 months.
above sentence sounds that licencee is bound to live there for 6 months. this clause is void in the eyes of law. no one can compel the tenant in such way, one month notice is valid. landlord cannot enforce this clause even by filing of suit. you have remedy against this clause under the S.R. Act.
From the clause it can be interpreted that you have to serve one month notice period for vacating the premises.
Since it is mentioned that after expiry of initial lock in period in the agreement, it can be construed that it shall be one month after the expiry of said lock in period.
This i interpretation.
You may inform that you will be vacating at the expiry of lock in period, if the landlord objects then you may drag him to court about this.
Let the court decide.
A. A word " Notwithstanding anything contained" shall be interpreted in liberal sense under the law of interpretations which means this word or clause supersedes and prevail over the other clause. In addition to this, Even any clause mentioned in that agreement will be inoperative/silent/ineffective before this provision or clause.
B. In this regard, the Lessor has reserved absolute right to evict or terminate this agreement by giving one month notice after the expiry of the lock in period of 6 month. Hence, other clause mentioned in this agreement is not binding on the lessor even it is favorable to you.
The interpretation made by the landlord is wrong. We have to give it purposeful and not literal interpretation. The purpose of the clause is to create a lock in period of 6 months, whereafter the licensee shall be entitled to terminate the lease. So the purposeful interpretation has to be that the notice of one month can be served even during the subsistence of the lock in period.
