• Leave and license agreement

My leave and license agreement is of 24 months with lock-in period of 12 months. In such case, as a tenant, legally/technically, I can give 1 month notice to vacate the house only after completion of lock-in period i.e. on the 1st day of 13th month OR it can be given during last month i.e. on 1st/2nd day of 12th month of lock-in as well? Basically, can notice period and lock-in period overlap? Additionally, as per the agreement, I am supposed to pay increased rent from 13th month. So, will notice period will have any bearing on this or I will have to pay increased rent for 13th month even though it represents notice period month?
Asked 3 years ago in Property Law
Religion: Hindu

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21 Answers

You can give it any time but you can only vacate after the locking period only

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

On the basis of the conditions of the leave and license agreement,  the notice period to vacate the rented premises would begin after the expiration of lock in period,  i.e., after 12 months. 

As per the conditions,  you have agreed to pay enhanced rental amount from the next year,  therefore there's no question of notice period which would exempt you from paying the enhanced rent for the 13th month. 

You are required to pay the enhanced rent for the notice period. 

If the landlord decides to waive the enhancement of rent, then you can consider yourself as lucky. 

T Kalaiselvan
Advocate, Vellore
85010 Answers
2208 Consultations

5.0 on 5.0

You may not be entertained with the one month  notice period during the subsistence of lock in period. 

Hence your one month notice period intimating your decision to vacate the rented premises would begin after the completion of the 12 months lock in period. 

They both cannot operate simultaneously. 

T Kalaiselvan
Advocate, Vellore
85010 Answers
2208 Consultations

5.0 on 5.0

Since lock in period is for 12 months with clause of renewal on 13th months onwards then the notice to terminate is mandatory and the same has to be given on expiry of first 11 months.

Therefore after giving notice to quit on expiry of 11 months you can stop paying rent after 12 months. 

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

Hello,

  1. The notice period must be over and above the lock on period as otherwise the lock in period will lose its character. In other words they cannot overlap.
  2. You will need to pay the increased rent of your notice period is the first month after the lock in period.
  3. Therefore apparently you cannot avoid paying the increased rent unless the other party agrees to the same.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

It can run in parallel. Just you cant vacate before lock in period

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

Yes sir, the notice period and lock in period can go parallel and without any hassle. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Yes you can do it.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

You may give notice in the last month of lock in period to vacate the premises after the lock in period of 12th month is over subject to approval of your landlord otherwise you will have to pay one month rent with increased rate .

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

One month notice period can be given only after expiry of lock in period ie after 12 months 

 

so on 13 th month give notice 

 

you will have to pay increased rent for 13 th month 

Ajay Sethi
Advocate, Mumbai
94809 Answers
7556 Consultations

5.0 on 5.0

You cannot avoid payment of rent for 13 th month 

Ajay Sethi
Advocate, Mumbai
94809 Answers
7556 Consultations

5.0 on 5.0

It all depends how your contract is worded 

If it stipulates that licensee cannot give any termination notice of 1 month during the lock in period, then you cannot

However if the agreement is silent on that aspect then you can give a 1 month termination notice during the lock in period such that it expires with the expiry of the lock in period. That is the notice has to be given in the last month of the lock in period. 

Yusuf Rampurawala
Advocate, Mumbai
7521 Answers
79 Consultations

5.0 on 5.0

Yes, you can give notice period at the end of the 11th month that is one month in advance.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

It can be given in the 11th months. You can terminate the tenancy just after completion of 12th month by giving one month prior notice in 11th month.

Yogendra Singh Rajawat
Advocate, Jaipur
22659 Answers
31 Consultations

4.4 on 5.0

- As per law, Lock-in clause defines , that tenant cannot leave rented property before specified period, and in case tenant decide to leave the rented property before lock in period then the tenant will have to pay the rented amount for the lock-in period as specified in rent.

Since the lock in period is 12 months , then the notice period to vacate the tenanted premises will be on the ist day of 13th months , as the said leave and license agreement is valid for 24 months. 

- Legally , even such type of bondation of Lock in Period is not valid , and the aggrieved party is only entitled to get a compensation/ damages valued by the court itself depending on the actual loss that the party has suffered due to such breach.

Mohammed Shahzad
Advocate, Delhi
13267 Answers
198 Consultations

5.0 on 5.0

You serve notice for termination of agreement one 1st day of 12th month so that agreement can be terminated on last day of lockin period.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

the notice period is typically not valid during the lock-in period for either party. so give notice on 13 th month . 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

you will have to pay for 13th month. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You have to pay rent for 12 months. You may give notice in the 11th month and vacate on the 1st day of the 13th month.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes you may and should do that.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes the 13th month rent can be avoided this way

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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