• House owner asking for 1 month rent + 8k for breach of contract

Hi ,

I have occupied a flat on 1st May and due to personal reasons , I have decided to move out of this property on 1 June. As I am not in a position to serve 1 month's notice, I am ready to pay the amount mentioned in the agreement.My owner points to the clause#9 in the agreement and says that I need to pay 14k (rent)+ 8k for breach of agreement. The clause #9 in the agreement says : 

9.  The rental agreement can be terminated by either of the parties by giving minimum 30 days of prior notice in writing, commencing from first of the month. In the event of breaking the lease term by tenant, he/she is liable to pay one month’s rent (in this case, landlord agreed for only 75% of the rent, which is Rs. 8,000/-). 

Can someone please advise me what to do
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) you have to give one month notice as provided in the contract 

2) if you fail to give one month notice you have to pay one month rentals as provided in the contract 

3)you are not liable to pay the amount demanded by landlord 

4) the agreement entered by you with landlord had to be peruse do for further advice 
Ajay Sethi
Advocate, Mumbai
36389 Answers
2017 Consultations

5.0 on 5.0

What is your query? whether you are aggrieved by the landlord demanding Rs. 8000/- only or demanding the said amount besides one month rental amount.  
The agreement condition No.9 is very clear that the tenant may have to suffer one month rent in the event of not intimating about the vacation one month in advance. The landlord is not entitled for more than one month rent in any case, but he can demand the repair charges towards the damages caused if any during tenancy.
T Kalaiselvan
Advocate, Vellore
26340 Answers
265 Consultations

5.0 on 5.0

1. Which breach of the agreement is the landlord asserting? Is there a lock in period?

2. Clause 9 talks of only the notice period and the liability to pay a month's rent in the event of breach of the agreement.

Ashish Davessar
Advocate, Jaipur
21579 Answers
577 Consultations

5.0 on 5.0

Hi, Since you have signed the agreement, you are abide by the terms of the agreement.

2.It is better tried to settle the matter amicably.
Pradeep Bharathipura
Advocate, Bangalore
4372 Answers
181 Consultations

4.3 on 5.0

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