• What steps can my landlord take on breach of 18 months lock in?

I had rented a property in Mumbai in November 2017 and had a registered agreement done with a lock-in of 18 months. I had to vacate the flat in October 2018 since I was moving out of Mumbai and shifting to Bangalore. I had given my landlord one months notice before leaving. I have tried to find a replacement tenant for him after that but could not because of the landlord's unreasonable rent expectations. He has managed to find a tenant from March 2019. Now he is claiming 5 months rent which I cannot pay him because the amount is very large. I have already told him that he can keep my 1.5 lakhs deposit amount. He still wants the excess amount which is still large. I live in Bangalore now and cannot afford to run around after this since I have a job here. Need advice on how to handle this.
Asked 7 years ago in Property Law
Religion: Hindu

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14 Answers

You don't have to give him the same. Try to work out some settlement plan with him

Prashant Nayak
Advocate, Mumbai
34641 Answers
249 Consultations

the tenant is liable for the rent for the entire lock in period in most cases . However Will need to review the lease agreement .

Mohammed Mujeeb
Advocate, Hyderabad
19367 Answers
32 Consultations

1. admittedly there was a lock in of 18 months

2. in the lock in period the tenant could not terminate the license 

3. based on the above representation the landlord altered his position and agreed to grant license of his premises to the tenant

4. now if the tenant turns around and issues a termination notice to landlord, then equity demands that the tenant compensate the landlord for the balance unexpired term of lock in period

5. the landlord is required to be compensated because had the leave and license been continued, he would have earned the license fee for the lock in period atleast 

6. relying on the agreement, the landlord would have made certain commitments to a third party for making payment of money due by landlord to such third party

7. so if the tenant suddenly terminates the license, then the landlord would become liable to the third party to whom he would have made a promise

8. so equity demands that tenant compensate the landlord by paying him the license fee for the unexpired term of lock in period

9. if the lock in period was not to be honored then the tenant should not have agreed for it in the same place 

10. since the tenant agreed for it and also signed an agreement to that effect, the tenant cannot now step back 

11. however considering that the landlord was holding the security deposit of tenant and also would be entitled to get the license fee for the unexpired term of lock in period, in one shot, the actual compensation payable by tenant to landlord can be reduced to some extent to account for the above two advantages to the landlord

12. since the landlord already has your security deposit, that much liability from your end is taken care of

13. as to the balance liability, you can only pray that the landlord does not take any legal steps against you to recover the balance. So till such time he does take any such step, you can stay put and pray that he does not take any such adverse steps against you

14. however in the event you decide to stay put and do nothing then you should also be prepared to incur liability of interest on the unpaid amount as for each day that you delay the payment, the landlord becomes entitled to interest on that unpaid amount 

15. so legally in your case nothing can be done by you except trying to counsel the landlord to give up his claim 

Yusuf Rampurawala
Advocate, Mumbai
7918 Answers
79 Consultations

1. What are the consequences spelled out in the rent agreement/lease deed for violation of lock in period?

2. Usually the consequences are mentioned in the agreement itself. If there are no consequences mentioned in it then utmost which the landlord can do is file a suit for recovery of damages in the civil court, which you can contest. 

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

under leave and licence agreement there was lock in period of 18 months 

 

2) you have stayed in premises for only 11 months 

 

3) hence landlord is justified in demanding rentals for balance lock in period 

 

4)landlord can adjust security deposit against rentals 

 

5) it is doubtful landlord would sue to recover balance amount as litigation expenses would be more than money sought to be recovered 

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

Dear Client,

Even you are entitle to refund of deposited money. Avoid him, nothing payable to him.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

First thing first,

Please, go through the registered agreement again. What is the consequence there in case someone breaches the lock-in duration?

If there is something in the favour that the amount of the deposit would be confiscated. It is fine as you are fine with it.

If there something else which is against you; then probably you let it be like that. Mostly, he would file a suit for recovery there you can take help of a lawyer and contest it; which is highly unlikely that he the landlord would do.

Furkan Ahmed
Advocate, DELHI
16 Answers

If your rent agreement contains a provision of giving prior notice of vacation of the rented house to the landlord and you acted accordingly then no further liabilities arise upon you. You also eligible to get back your deposit money. If your landlord fails  and/or neglects to pay back the money, you can sue him in court.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

See since the land lord has already take a large amount from you even he file a suit for recovering the amount for lock-in period you can contest same and further the owner can only claim the actual damages. So in case owner serves you a legal notice or he files a suit for lock-in period amount same can be contested.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) You are eligible to pay the rented amount as per the registered agreement and and you have rights to take deposit amount back, Here you have mentioned deposit amount and not rented amount.

 

2) If Owner has managed the new tenant from march means till Feb 19 you can pay rent and ask to owner to give rebate on next 3 months amount of rent.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. IF you have already vacated the premises with your belongings, AND IF the Landlord has already rented the place to a new Tenant from March-2019, THEN you can safely ignore the LandLord and his demands and even safely tell him to go to hell.

2.  Legally nothing can be done against you.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

Otherwise, the existing rent can be accepted if the amount comes to more than the increased sum according to the Schedule. Rent in excess of fair rent cannot be charged as per Section 13 of the Act. In case the landlord contravenes that provision, you may file a complaint under Section 28 of the Act

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have walked out if the agreement before the expiry of the rent agremeent.
  2. And that is why your landlord has been asking for compensation, but to ask the same even after keeping the deposit amount is arbitrary to you.
  3. He would have got the tenant, but late was happens due to his inreasonabke demands.
  4. I would advice you to file a civil case against him for breaching terms of the agremeent as there is nothing like this (I am just assuming as it is not clear in the query) mentioned in the agrement for this much of amount even after keeping the deposit money.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

What is the clause that is governing the lock in period.

If the violation of lock-in period can be compensated by three months rent, you may communicate to the landlord about it and get the refund of  balance from advance amount held in his deposit.

You can issue a legal notice to the landlord invoking the clauses in your favor.

You can take the assistance of a local advocate to issue legal notice by producing the agreement copy before him.

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

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