You should have served termination notice after expiry of lock in period
2) landlord can demand one month rentals
3) you cannot avoid payment of one month rental
Post lock-in period, landlord demanding 1 month rent
Context: -Commercial Office -Lock in Period 3 years -Lease Period 5 years -Lock in Period ended on 31st May 2020 -Termination Notice was served on 30th April 2020 (1 month prior to the end of Lock-in period) Clause 5.1 of the Rent Agreement It is agreed between the parties that after expiry of the lock in period both parties shall be entitled to terminate this Lease Agreement before the expiry of the lease period by giving 1 months written notice to the other party. Contention At the time of agreement, we were clear about 36 months lock in period, which we have served and paid until 31st May. However, the point of contention is, that the Landlord is asking for 1 month rent as per the interpretation of the above clause. We are not wanting to pay more than what we had agreed in our verbal terms, however they are using the above clause to get 1 month additional rent. How can we avoid not to pay this additional 1 month rent even after 36 months lock in period being honored. Please help.
Asked 5 years ago in Property Law
Religion: Hindu
12 Answers
You already served one month notice period. Language of agreement is clear. No where mention notice of termination shall be after lock in period complete. You are not liable to pay.
You have duly complied the agreement condition.
No point in claiming one month rent when one month prior notice was given.
Tell clearly to the owner that notice can be issued within lock in period.
His claim shall not be tenable in court.
- If there is dully signed agreement , then oral agreement has not value in the eye of law.
- As Lock in Period ended on 31st May 2020 and Termination Notice was served on 30th April 2020 (1 month prior to the end of Lock-in period)
- However, the said clause says that , after expiry of the lock in period , and before the expiry of the lease period by giving 1 months written notice . It means the notice can be given only after passing of the lock in period , and not early to the date 31st May, Hence your notice is not as per the said clause, and you are liable to pay one month rent accordingly.
- Since the tenanted premises is commercial , and the business /establishments are suffering due to lockdown in the country, hence on this ground , you can send him a notice for showing your financial hardship .
- And Further , vacate the said premises , and let the landlord approach the court for the recovery of one month rent.
If the notice is served in advance according to the terms of agreement then you don't have to pay yeh same
There seems no reason for you to pay 1 month rent.
Serve him with a legal notice for his illegal demand of the rent
The lessee has done the correct thing by giving notice on 30th April and the lease comes to an end on 31st May only.
So under no circumstances the lessee is bound to pay rent subsequent to the month of May.
However to avoid complications the delivery of possession ust be done immediately and keeping the property under possession may make the lessee liable for rent for the period it held it under his possession.
You can refuse to pay the amount demanded by the landlord.
You can also interpret the same clause which he is invoking now.
As per the contents of the said clause of the lease agreement, the landlord cannot demand extra money.
You can cause to issue a legal notice to the landlord about this and demand return of your entire security deposit amount without any deduction.
If he is not cooperating or complying with the demands made, you may drag him to consumer forum or civil court for further necessary action.
1. Landlord is misinterpreting the clause to seek unjust enrichment. If a month's notice is given by the tenant then tenant is under no legal obligation to pay rent of a month.
2. After service of notice stating that he would vacate after a month, tenant is free to vacate and is entitled to refund of security deposit.
The clause 5.1 of Rent Agreement is clear, you ought to have served the notice after 31.05.2020 i.e., after expiry of Lock in period.
Going by Clause 5.1, your LL is entitled to claim one month rent.
You can discuss with him and try to settle the issue amicably, legally, the clause is in LL favour.
One month's notice period is calculated from the day you inform your landlord.
For example: If you informed on 30th april about your intention to vacate the property. The notice period duration is from 30 apr to 29 may.
1. You can take ground that you served the notice for vacation one month prior to lock in period because you don't want to spend any more time than lockin period.
2. Landlord's interpretation for clause is wrong because there is no mention of serving of notice after completion of lockin period so you can serve notice during lockin period.
