• Can one tenant break contract without consent of other tenants

I and my flatmate has a rent contract till 31st July. Tenants and landlord can issue a 30 days notice for vacating the flat. My roomate wants to leave the flat at 30th June and not continue in July. I do not want to vacate before end of contract.

Can my roommate give a vacation notice without my consent? I have been given no formal intimation by my roommate asking me to vacate the flat. 

He did tell me that he wants to leave at end of June but I told him that we can vacate at the end of contract, whenever it is (I was unsure if our contract ran out in June or July).

My flatmate is declining to pay the July rent citing that he had informed me. I received no formal intimation. only verbal, to which I replied that we will leave at end of contract.

Do I need to pay full rent for July or is my roomate contractually obliged to share the rent? There has been no formal vacation notice from either party. My roomate gave a notice by email to the owner, on his own without my consent. I have informed thge owner that I do not have consent in that.

Can one tenant break a contract without the consent of other tenants?

My owner is threatening arbitration and also saying that the tenants need to bear the arbitration fees. Can he do that?
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1.I am sure that both of you must have been signatory to the contract and if that is so then without your consent other party can not repudiate the contract. 
2. Now if you were not the party then also your can rerefuse to exit.
3. Do remember that if you remain in possession no one can evict you before expiry of term.
4. I may confirm that arbitration act has no applicability in tenancy dispute. So the landlord is giving an empty threat.
 
4. DDo not leave before the term is over.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
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1) if the leave and licence agreement is in joint names both licencees are liable to pay rentals for month of July 2015 

2) in the event your co licencee refuses to pay rentals for month of July 2015 licensor can adjust the amount against security deposit paid by you jointly 

3) in the event licencees want to vacate the premises before end of agreement joint intimation would have to be given by both to the licensor 

4) leave and licence agreement cannot be subject to arbitration .
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) the bombay high court has held that that an arbitration clause in a  Leave and License Agreement or Lease Deed pertaining to property situated in Greater Mumbai  would not be enforceable

2) The Court has thereby confirmed its earlier judgments which held that arbitration clauses in Leave and License Agreements pertaining to  properties situated in Greater Mumbai are void and the jurisdiction to try all disputes in such  arrangements vests with the Small Causes Court in Mumbai as per the provisions of thePresidency Small Causes Court Act, 1882 (“Presidency Act”).
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
the basic question is that who is the real tenant ? if your room mate is real tenant then he has right to give notice for vacating the contract. if he is not a real tenant but living there on your request then you have right to handle this contract. 

if tenancy is not in sublet then you have right to receive rent from him because it is presumed by the law that contract between you is made till the subsistence of tenancy contract .

you should give notice to the land lord that agreement shall not be end on the notice of your room mate.

you should stop the payment immediately because when land lord starts query about rent then you should mount pressure on him to pay rent otherwise you will not make any payment. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
in Devasahayam (D) By Lrs vs P. Savithramma & Ors it is held by the supreme court of India that oral agreement between the tenants shall be enforced by the subtenant and landlord can't evict them on notice of one tenant. 

In Jessie Thavamani vs Liakath Basha held by the court that if rent is paid by one tenant then other tenant has right to receive part of tenant by filing suit for recovery of payment.

But suit will take more time to decide so you should escalate this issue and compel your room mate to pay his part till the subsistence of rent agreement.  
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1. If your roommate has a separate rent agreement with the landlord then he does not require your consent to vacate the flat. He is governed according to the agreement which he has executed.

2. If the rent agreement provides for a 30 day notice either way to vacate the flat a notice issued 30 days in advance would be compliant with the agreement. He does not have to pay the rent if a 30 day notice is issued by him.

3. Your stay in the property has no legal nexus with his decision to vacate the flat.

4. Vacating the flat in accordance with the agreement does not amount to violation of the contract.

5. If your roommate acts in violation of the agreement the landlord is free to invoke arbitration. The cost of arbitration will have to be borne by the tenant.

Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
First of all what is the fact of the rental agreement, whether it was a joint agreement executed by both together to the landlord? and did both undertake the responsibility of the agreed terms? If so the liability will be joint and anyone breaking the terms or violating the conditions will be held liable for the consequences, if he is doing so on his own, his part of contract will be held as violations of the agreed condition hence illegal and he will be liable for the legal consequences including the penalty clause, if any.  Therefore without knowing what has been recited in the rental agreement as to the conditions and the joint execution of the contract, it will not be possible to give a proper opinion, please come out with some basic details. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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1.The contract is between the land lord and both of you jointly,

2. There has been no contract/agreement executed by and between you two room mates about your continuing to stay together or leaving in between and what shoud be the terms for leaving during the pendency of the rental agreement,

3. It is also not clear whether itwas mentioned in the tenancy agreement whether the notice shall have to be given by any one of you or both of you,

4. So, as such the land lord can treat the notice for leaving the premises by 30th June by both of you and if you want to stay upto the end of the contract period, you shall have to pay the full rent of July to the land lord.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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