Lock in period is applicable on both the parties and yes applicable on landlord. You can claim the brokerage charge and one month rent from.the landlord for new house and you will incure transfer charges and other charges when you change house.
Hi My leave and license agreement is effective from 1st october 2018 and we have a lock in period of 6 month in our agreement. Agreement is registered as per rental agreement law. landlord had gone to abroad after making the registered agreement. Now landlord is saying that he is coming back to india due to unavoidable reason and he wants us to vacate the house by 1st march(with in five months).Now as per agreement if landlord is saying to vacate the house during lock in period then he has to compensate the tenant for the loss and inconvenience caused. Please let me know what type of loss i can demand from landlord? Is landlord liable to pay brokerage of our new rental house? In agreement it is clearly mentioned that lock in period clause is applicable to both the party, still i want to know is it applicable on landlord if he wants to leave in house, because he doesn't want give house to other tenants
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Lock in period is applicable on both the parties and yes applicable on landlord. You can claim the brokerage charge and one month rent from.the landlord for new house and you will incure transfer charges and other charges when you change house.
Landlord has to pay you compensation if he wants to terminate agreement during lock in period
you can demand brokerage charges for finding new flat from landlord
A licensor cannot ask the licensee to vacate his place before completion of 6 Months locking period. If the licensor does so, then it will amount to breach of contract and the licensee can sue the licensor claiming reasonable damages for the actual loss he suffers due to the breach of the agreement or, ask for specific performance of the contract whereas he has to prove that non-performance of the contract will cause an irreparable damage to him, which cannot be compensated by monetary award.
1) Yes, you can go as per termination clause of leave and license agreement.
2) Otherwise you can ask him a one month compensation and brokerage charges.
Sir
The landlord is bound by the agreement and he is liable to pay your brokerage charges and also all the misc charges involved in shifting into a new house.
1. if the breach of terms of lock in period entail bearing the compensation costs for the tenants, then in your case the landlord is indeed is bound to provide the same .
2. So ask him to bear the costs in shifting and for mental and physical agony of looking for new location in such short period of time.
3 if she pays that amount then only vacate the premises. otherwise remain there till six month expires or till such time till the court passes decree of eviction which would take sevreal years to come.
Good luck.
you can demand the brokerage and shifting charges if any. be reasonable so that it is settled between you people.
The obligations on both the sides can be found written in the agreement itself in such events.
You cannot claim anything more than the agreed terms and conditions.
The landlord is not liable to pay for brokerage towards new rental premises.
1. Depending on the clauses of the L&L agreement, you can claim ALL losses (brokerage, shifting charges, all incidentals & any renovations, any other expenditures you made in the house).
2. You are also entitled to compensation for the harassment & trauma, caused due to sudden eviction notice, without any fault of yours.
Keep Smiling .... Hemant Agarwal
Dear Sir,
The landlord obviously violated the terms of agreement as such you are entitle for rent equivalent to 6 months period. Your case is strong because he does not require for his own use. Get issue a legal notice and approach civil court if necessary.
1. Is the lock in period mutual or unilateral? Ordinarily, the lock in period prescribed in the agreement operates only against the tenant, not landlord.
2. If agreement is silent on the amount of compensation to be paid by the landlord in case of eviction during the lock in period then the only remedy in your hands is to file a suit for recovery of damages against him in the competent civil court.
3. If you do not vacate the property then he will have to file an eviction petition against you which will take long to be decided by the court.
4. He is not liable to pay brokerage of your new leased house.