• How to settle

I have taken land for rent and constructed and rented a warehouse (built to suit ) 15000 sq ft and tenant was there only for 3 months and has paid rent , now he wants to vacate the warehouse, lock-in time is 2 years , but I have taken loan from my friends and constructed , how to settle this , also he has paid 10 months advance , I am not finding any tenant , I need to pay rent for land also, should I ask for them to pay rent for lock in time and go , so I will be not completely loss
Asked 3 years ago in Business Law

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13 Answers

Yes you can ask him to pay rent upto lockin period if there is no fault from your end.

And you can forfiet his advance rent in case he leave warehouse before lockin period. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes you can ask for rent for the lockin period also you can forfeit advance amount and can file for the recovery of the rest of the amount.

A civil suit for same can be filed to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

tenant cannot leave rented property before specified period. In case tenant decide to leave the rented property before lock in period he needs to pay the rented amount for the lock-in period as specified in rent agreement.

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

1. If there is a lock in period then the tenant is bound to keep the tenancy surviving for that period for minimum time.

2. However if there is no penal clause  in the case of breach of that clause then you have no remedy.

3. if there is such condition you can keep the security deposited forfeited but for this specific condition of tenancy must be there.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
407 Consultations

5.0 on 5.0

The lock in period should be honoured by him. If he disagrees then send a legal notice to him for construction and other expenses.

Regards 

Rahul Mishra
Advocate, Lucknow
13845 Answers
65 Consultations

5.0 on 5.0

Yes you can tell him to pay lockin in time rent or else vacate him and file recovery suit

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

Ask him to pay rent for lock in period 

 

under terms of agreement there is lock in period and if tenant wants  to vacate premises before expiry of lock in period he has to pay the rentals for said period 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

What was mentioned in your agreement regarding lock in period clause whether its one or two months notice period or lieu in cash for 1 or 2 months period. So kindly check your agreement and act accordingly. One can't force to stay in the property because you have taken loan.

 

You can make advertisements and reduce rent or deposits, give on rent or lease such property. Get the help of real estate agents near by locations.

Ganesh Kadam
Advocate, Pune
12418 Answers
192 Consultations

4.9 on 5.0

1. IF the Rent Agreement was duly Stamp Duty paid and duly Registered, THEN you can enforce the "lock in period of two years" against your Tenant. This is legally possible.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

As per agreement if there is clause that on pre vacation, advacen will forfeit than can do. But this is not good practice, can deduct of 2 3 months.

What is pre termination clause in agreement - effect of it ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

As per the terms of lease agreements parties thereto are obliged you cannot put and bring new conditions.

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

You may go through the conditions of the rental agreement that you have entered with the tenant.

If the termination conditions states that the tenant, if vacating within the lock in period, may have to pay the rent for the remaining lock in period, you may demand the same from the tenant.

If the tenant fails to comply with the demands made, you may file a money recovery suit based on the agreement conditions provided the agreement was entered into by a registered document.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

This is a commercial contract. And as per the lock in period he is not supposed to leave before two years. Also, I believe, it must be a year on year contract and not a month on month.

Kindly read the contract. There must be a clause for notice. Notice by either party to the other in case they want to cancel the contract prematurely. And it will also mention the redressal. You need to follow that.

Alternatively you can ask the tenant to find someone else to step into his shoes and take over the contract. It will be unjust to ask him to pay for the entire lock in period. You can impose a penalty of the duration which you feel you might need to find another tenant.

But I suggest, kindly read the contract. Such situations are already taken into consideration and redressal decided upon.

Thanks.

S M Mudassar Nazar
Advocate, New Delhi
2 Answers

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