• Early termination of contract within the lock in period

We had rented a property 7 months back and now want to vacate it. Following are the problem. 
- During signing of contract we were shown a different contract in Brokers office and while registration a amended contract mentioning lock-in period of 12 months was add without our knowledge.

- Now it came to our notice when we gave owner the 1 month notice. Now owner is asking for remaining period money which we think is unnecessary as we were not told about it.

- Also on human grounds we are ready to give 2 months notice and also bear new tenants registration cost which will incure to owner due to this.

Kindly advice what to do ???
Asked 7 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

6 Answers

1) terms of contract are sacrosanct

2) you are bound by 12 months lock in mentioned in the contract

3) you would be bound to pay rentals for next 5 months if you vacate the premises now

4) continue staying in the same rented premises

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

you must always read the fine print when you sign a contract

2) landlord will adjust rentals for period of 5 months against your security deposit

3) inform the management of your problem and request them as to whether you can postpone your transfer by 5 months

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Now it came to our notice when we gave owner the 1 month notice. Now owner is asking for remaining period money which we think is unnecessary as we were not told about it.

- Also on human grounds we are ready to give 2 months notice and also bear new tenants registration cost which will incure to owner due to this.

The 12 months lock in period is unjustified. Such lopsided agreements are not valid in law.

If the landlord is not agreeing for this then you dont vacate the premises, keep it locked and retain the keys with you and can handover the premises when the owner is agreeing for our terms or you can hand it over as per the registered rental agreement

after expiration of the lock in period.

Let the owner request yo to vacate if he finds another tenant in the meantime.

Legally he too cannot force you to vacate during the lock in period even if the flat remains vacant but the keys with you.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

we cannot leave in the current apartment as my job is transferring me to other city

If so dont vacate or hand over the keys till the expiration of the lock in period if the owner is not agreeing to accept your two months notice amount too.

At any cost do not hand over the keys before a decision is arrived.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

you are entitled to return of your security deposit after adjustment of rentals

2)litigation is long drawn and expensive proposition

3) suit for recovery of your rentals would take years to be disposed of

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

,1. You need not pay the rent,let him adjust the same from the deposit .

2. On expiration of contract he has to refund the deposit money after deducting the dues and charges towards maintenance.

The landlord thinks himself to be too smart, he will realise only when he is made to face music of law.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer