Dispute over rental agreement
My flat owner has all kinds of unfair clauses stating if i leave the flat before 6 months of tenure then i have to pay 3 months rent as penalty. the problem is i signed the paper without paying much heed to what was written in it. is there any way by which i need not pay him the penalty? also he has written i can not sublet the apartment to anyone
Asked 4 years ago in Property Law from Bangalore, Karnataka
The purpose of making agreement to avoid any ambiguity in future. After signing the agreement if you say that you have not read it, then the responsibility lies on you. 3 months penalty you can negotiate verbally and if you can convince your land lord it may work. As far as sub letting the premises, generally no owner will agree to sub let the premises.
Until you do not have any situation touching such 'unfair' clauses of your agreement you do have to worry. Supposing you are facing one of such unpleasant situation you can first negotiate with your landlord. If negotiation does not workout then issue a legal notice to the landlord explaining the entire situation and contending that some of the clauses are unfair and that you are bound by such clauses.
the terms of agreement are binding upon you . since you have signed the contract you cannot now refuse to honour the terms of contract . no flat owner will permit his licencee to sub let the premises .
as far as 3 months rent is concerned the objective is you stay in the rented premises for atleast 6 months . it is to discourage licencees from leaving premises in short period . licensor must have paid brokerage to estate agent equivalent to one month rentals for finding a licencee . if you leave before even 6 months have expired licensor would have to go through the whole exercise again of finding licencee
terms of agreement are binding upon you . since you have signed the contract you cannot now refuse to hon our the terms of contract
Advocate, New Delhi
No flat owner will permit tenant to sub let the flat. Since you have signed the agreement there is no way other than honouring the contract. However you can discuss with the flat owner and an amicable settlement can be reached.
You cannot question any clause in the agreement as 'unfair' after you have signed on the dotted line on the agreement. You were at liberty to reject the agreement altogether by refusing to sign it if you perceived any of the clauses therein as 'unfair'. The moment the agreement is signed a contract comes into existence between the parties, and thereafter it is not open to either party to question any of the clauses therein as 'unfair'. You are now obligated in law to honour the contract in letter and spirit.
The clause respecting penalty of 3 months rent is very reasonable as it seeks to give the much required financial security to the owner in the event that the tenant leaves the premises prematurely.