• Commercial Rental Agreement

My rental agreement mentions that a tenant can not terminate the agreement before its end date and is required to pay for the whole period. I am not able to continue the agreement due to financial difficulty and want to end the agreement. But they are saying that they will raising invoices for the whole period and recover the dues. 
Please help.
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

As per the agreement if you leave they may adjust the same in security deposit or later file suit. You try to settle with them but paying some amount or contest the same on merits

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear Client,

As per agreement, you have to provide the whole amount. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

See since in the agreement you have agreed for such lockin period they can file suit to recover the rent for the period.

Though since lockin is for complete period you can contest such suit as they can claim only actual damages.

So leave premises in case they file suit recover same you have to contest the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir / Madam 

If you can produce the rental agreement we can surely analyse each and every aspect of it and then provide best possible solution. 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Why are you showing your inability to make rent payment. Stay their and stop paying rent. Owner himself to ask your to vacate. Or leave the premises, dunning place not suitable for inhabitant.


Recovery will take years that also through court. And one sided agreement not valid in law.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. i do understand that the clause is onerous for you

2. you can very well terminate the agreement mid way and refuse to pay the license fees for whole period

3. but i fear that your landlord may not release your security deposit

4. but this also does not mean that the licensee has to by hook or crook be made top pay for the whole tenure

5. if your landlord files a case against you for mid way termination without paying for whole tenure, then he will have to incur expenses for the same which does not come cheap

6. so it is advisable you settle this matter amicably with your landlord and let go some portion of your SD as compensation to the landlord for mid way termination and hope for a positive outcome

7. legally since you have signed and agreed to the contract, you cannot back out from the same now. Even if you challenge the clause as being onerous, one sided and a blanket consent, you will have to file a legal case against the owner which again will not come cheap

8. so best course in such case would be talk to the landlord and try settling the matter amicable by letting go some portion of your SD as above 

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

ther is lock in period in your rental agreement 

 

2) you cannot terminate agreement before expiry of agreement 

 

3) if you vacate premises you have to pay rentals for balance period 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

This agreement is voidable because of one sided nature. Vacate the premises and inform the owner to take back the possession immediately failing which you shall not be held responsible in any way. 

File a suit to rescind the voidable part of the contract.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Dear sir, 

It is not mandatory to continue with the office if you are not willing to that due to some necessary reasons and that can be taken care of by sending a legal notice or notice of intent to state that you are not willing to continue with the agreement. But, the pecularityu of the issue can be answered well when the agreement is scrutinized and you are advised accordingly. 

You can contact me for consultation. 

regrads, 

YUGANSHU SHARMA

ADVOCATE 

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

Hello,

Whatever may be in the agreement, it cannot defeat the provision of the law which governs the tenancy issues .

Please approach a lawyer and serve him a notice to quit . Give him the last payment or adjust it with the security deposit if there is any and leave the rented house by depositing the keys in his hand and always keep someone as an witness .

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1.  Well, it appears that there is clause for specific period within which neither of the parties can breach the terms.

2.  Howsoever this clause may not be binding on the tenant if it is found that the landlord has not incurred any expenses of large extent to make the premises suitable for you.

3. So if there is no security deposit lying with the landlord you can quit the premises at once.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Every lease agreement contains such clauses and there are termination clauses in such agreements default of which can be termed as breach of contract. So you can terminate a contract in such situations even in a period during lock in period. But if you terminate the lease before lock in period without any fault of the other party (breach of contract) you shall be liable to pay damages as expressly stipulated under the contract in such an event.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You should have think this at the time of agreement. A clause to vacate the shop after giving notice from either side could be included.  Now try to convince the landlord on humanitarian ground with an assurance that you would try to locate another tenant.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

As you have an agreement for a lookin period which you have signed then you need to complete the agreement term or they can file recovery suit for rent of complete term of agreement. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You may have to abide by the conditions that you agreed to abide while entering into this agreement.

Your financial constraints cannot be claimed as an excuse.

The owner may deduct the rent from your advance amount if you dont pay the rent .

First you may go through the clauses that makes a mention about this.

Consult a local lawyer with yor agreement copy and take steps on his advise after scrutinisation of the rental agreement

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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