• Rent agreement issue

We are staying on rent with lease agreement from Dec 2019 to Dec 2020 but due to some situation we want to vacate and shift now. However, house owner is expecting us to pay rent till Dec 2020. As per rent agreement, there is only lease period and no lock in period mentioned anywhere. Owner is saying lease period is lock in period and asking us to pay till the lease period ends.
Please suggest how to handle.
Asked 5 years ago in Property Law
Religion: Hindu

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18 Answers

If there is no lock in period you don’t have to pay rentals till December 2020

 

2) give one month notice and vacate the premises 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

Please specify whether it is leave and license agreement  or lease agreement between you and your owner. 

Leave and license agreement and lease agreement differs in law lexicon. 

If it is lease agreement then your interest gets more protection than leave and license agreement. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Hi 

The lease agreement is for a period of 12 months and i presume it is not registered at sub-registrar office.

In law, in annual leases there will be no lock in period and as such the same is not mentioned in your agreement as well. 

So, technically in law, your lease agreement is month on month lease and you are free to vacate the premises by giving 1 month notice. 

However, in the event of the land lord not returning your security deposit, i am afraid, you should file a suit for recovery of security deposit. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

- As per law, if a tenant wanted to vacate the tenanted premises before expiry of the rent/lease agreement, he should give a notice according to the terms of the agreement. 

- Further, the tenant and owner are legally bound with the clauses mentioned in the agreement /contract.

- Further, if the notice period for termination is mentioned is one month, then the tenant has to inform one month prior about the termination.

- Further, if the tenant doesn't want to pass/over the notice period, then he should pay rent for the notice period.

- Further, the landlord should refund the deposited amount to the tenant if any, after making sure that there is no dues towards the tenant. 

- Further , if the said lease agreement is not registered from the office of the registrar , then the landlord cannot say that the lease is lock in period , and specially if there is no such clause for the same. 

- Hence, you are not liable to pay the rent till Dec 2020 , send him notice that you are vacating the premises , and not bound to pay any dues etc.

- Further , as per law, when you will remove the items lying in the tenanted premises, and give possession to the landlord , then the relation of landlord & tenant will come to an end, 

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

1. IF the Lock-In clause is not defined in the L&L agreement, THEN the Landlord is not entitled to demand any rent till end of lease period.

2. However, the landlord is entitled to One Months Rent or One Month notice thereon by Tenant for pre-mature vacating the Flat before lease period expires.

3. You may issue him a Notice for the same and vacate and handover peaceful possession, duly acknowledged.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Lock-in-period is different and Lease period is different, 

 

Lock -in- period for fix period nor tenant or owner remove each other from the house. mostly that is treated as first period. For e:g in your case if there were 3  months lock period then first 3 months of lease period will be lock-in-period.

 

Have you mentioned Notice period that is 1 month form either side.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

A tenant can, of course, leave the property if they wish, by writing to the landlord and giving appropriate notice of their intention to leave. However, as the tenant entered into a legally binding contract to pay rent for the property he will remain committed to paying this rent until:

the agreement ends or the landlord begins letting the property to other tenants

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

Sir, you have to just give notice as per the notice period in the agreement, complete lease period without specific clause cannot be termed as lock-in period you can freely vacate giving proper notice and demanding your deposit back. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If there is no lockin clause he can't do the aforesaid. You can approach court if he is not refunding the SD

Prashant Nayak
Advocate, Mumbai
34661 Answers
249 Consultations

1. Do not worry. If you do not want to stay on this pressies just vacate the same ad handover the vacant possession to the landlord in ' as is where is' condition.

2. The landlord ca not force you to pay rent for the period you have not stayed in his premises.

3. Your liability to pay rent lies only for those months when you have retained lease property.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Owner is demanding useless.

Serve him with a legal notice 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Lease period cannot be interpreted as lock in period. This is totally absurd. Give him a month's notice and vacate the property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1, Lease period does not translate into an automatic lock in period. Lock in period, if any, has to be specifically mentioned in the agreement.

2. You are free to vacate after serving the notice as mandated in the rent agreement. No liability falls on you to pay the rent beyond the period on which you deliver the vacant possession to the landlord.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

You can leave by giving one month notice. If any advance paid than stop paying the rent and adjust with the advance. No lock in period.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Is there mention of one month notice from either side of the party in case of termination of rent agreement?

Is there any security deposit?

If answers of both the questions is NO, then leave the premises without making any payment of rent on the plea that due to Covid 2019, I am not in a position to pay rent till December, 2020.  However, in case as per rent agreement, you are liable to pay till December, 2020, he can claim the same through the legal recourse as the dispute is of civil nature and it is not a criminal offence.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

1. No need to pay rent for complete lease period because you are not liable to pay rent after vacation of house. 

2. You can straight away refuse to pay rent for a single day after vacation of house and ask landlord to file suit if he want rent till Dec 2020. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If there is o lock in period in the lease agreement, you can refuse to pay the same.

You first intimate your decision to cancel the lease agreement with one month notice and inform the owner that you will be handing over vacant possession on the completion of this one month notice period, if he crates any problem then you can issue a legal notice and drag him to the rent controller court also for relief and remedy

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

The owner cannot say this.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

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