15-5-2020
We entered into an agreement and got it registered with the registrar on 15th May2017. The lock in period was for 3 years. The agreement had a rent free period of 75days. So rent payment was started from Aug 1st 2017. Now we are to end the agreement . When does the lock in period end?? 15th May 2020 or 30th July 2020.
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1. without going through the copy of the agreement, it will be tough to answer your query,
2. if the rent free period is part of lock in period then it will end on 150 may 2020, else July 20
1. IF Rent Agreement starts from 15th May, 2017 with a lock in period of 3 years, THEN in legal terms the lock in period would end on 15th May, 2020.
2. Legally speaking the rent free period of 75 days, is a only a convenience /promotional /bonus facility and cannot be related to the lock in period in anyway and cannot be counted for purposes of fixing the lock in period.
3. The possession of property is the key factor to determine the tenure of the agreement. Hence agreement would lapse on end of tenure and rent free tenure cannot be excluded since tenant is in possession since three years and tenant cannot be in possession for 3 years plus 75 days, which would violate the tenure period of the agreement.
The lock in period was for 3 years . It would be from date of execution of agreement
lock in period ends on 15 th May 2020
Respected sir/mam
Your agreement was completed on 15th May 2020...as the three years were starting from the date of agreement that is 15 may 2017...so it was completed as per the contract act...
Thank the
1.Notwithstanding the date of commencement of rent payment, the date on which agreement was executed is the date from which the lock in period is to begin unless a different date is provided in the agreement itself.
2. The lock in period, therefore, ended on 15.5.2020.
1. The language of the lock in period clause of agreement need to be perused for same though generally lockin start from date of agreement. Therefore if lock-in starts from date of agreement it will be till 15th may 2020.
Even though the rent free period was for 75 days, the rental agreement would commence from the date of taking possession, I.e. from the date of the rent free period began.
Thus the lock in period will be recognized from the commencement date of rent.
1. The language of the rent agreement will alone determine the period of lock in period to be calculated.
2. Unless otherwise specifically provided in the agreement the rent free period of 7t days will be taken into account in the lock in time of 3 year I.e. 15th May 2020.
3. In other words the agreement has already ceased to exist and hence take appropriate steps to end this.
Dear Querist
As per the agreement, the lock-in period was for three months from the date of agreement i.e. 15 May 2017, hence the lock-in period ended on 14 May 2020 but as there is 75 days relaxation also mentioned in the agreement hence finally the lock-in period will end on 29th of July 2020.
The agreement started on date of registration. Therefore you gmhave to add the lock in period as that is also a part of the agreement. Therefore August.
Irrespective of rent free period, the Lock in Period ends on 15.05.2020, i.e., three years from 15.05.2017 date of Agreement.
Hello,
2. Therefore 15th May 2020 is the end of lock in period.
Sir the same shall be mentioned in your agreement that weather those 75 days are being counted or not. kindly go through your Agreement.
- As the agreement got registered on 25.05.2017 with three years lock in period , It means legally this agreement comes to an end on 15th May 2020,
- Further , the agreement was having a clause to avail a rent free period of 75 days , i.e. within the period of lock in period , and not out of 3 years period. because in the office of Registrar this agreement is showing to be registered for the period of 25.05.2017 to 15th May 2020 , and not 30 July 2020.
- This 75 days opportunity was given to the tenant within the period of tenancy and not out of tenancy.
- Hence, the lock in period ends on 15th May 2020,
Without going through the contents of rent agreement, no proper advise can be given. Check the ending period of the rent agreement. In case the agreement expires including 75 day of rent free period, then lock in period ends on 15 May, 2020 and in case the agreement expires excluding 75 days of rent free period then lock in period ends on 30th July, 2020. In any manner, in case the rent agreement expires on 31.7.2020, you may take help of force majeure clause or frustration of contract.; Take the advice of local advocate who will go through the terms and conditions of the rent agreement and advise you suitably.
Dear Sir/ Madam,
Kindly provide a the copy of the agreement so that the effective date can be ascertained after reading it
All the government offices are open now there is nothing in the agreement it will expire according to the dates provided on the agreement and your liability is decided based on the agreement you have already considered rent free period of 75 days which was the part of your agreement and in case you don't wish to further extend this agreement you may please continue this agreement on its date of expiry but if there is any clause to be informed to the land at regarding your decision then you need to follow that and give proper notice to your landlord that you do not want to extend this agreement