• Lock in period

Hi everyone. I am a Malaysian and I recently decided to visit Bengaluru for the period from 11th September 2022 until 19th January 2023.

As the period of stay is long, I and my family decided to rent an apartment.

A rental agreement was made for this period of stay. Being a Malaysian, we were not aware of the term Lock in Period which the landlord stated in the agreement.

We paid a 1 month deposit and the first month rental and moved into the apartment on 11th September.

Several facilities which were promises was not provided during our stay. But we adjusted.

On 22nd September we received a call from Malaysia that my mum's younger sister passed away. We had to rush back to Malaysia for the funeral and hence we had to vacate the apartment within the lock in period.

The landlord did not state any penalty clause if the lock in period was breached in the agreement.

My concern is now can the landlord file a legal action on us and do we need to pay the rental for the remaining days even though we have vacated the premise.

Kindly advise. Tq
Asked 2 months ago in Civil Law

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9 Answers

It is necessary to peruse rental agreement to advice 

 

if there was lock in period and you vacate the premises during lock in period landlord can demand rentals for the lock in period 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

If there is no penal clause obliging tenant to pay damages/compensation for terminating tenancy within lock in period, there is no way to impose damages/compensation on tenant. Such clause without specifying amount of liquidated damages/compensation is known in law as “clause in terrorium,” its purpose is only to enforce terms of agreement, it cannot be enforced by Court.


Lack of agreed amenities can also be used against landlord to terminate the agreement.


Further he does not hold any advance from you. He has no means to retain anything.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

Being a Malaysian, we were not aware of the term Lock in Period which the landlord stated in the agreement.

the above will not assist you. once you enter into a contract it is deemed that you did so with full knowledge of its terms. later on you cannot feign ignorance

even if there is no penalty clause for vacating the premises during the lock in, a lock in is meant for the protection of the landlord
so if the tenant vacates the place before the lock in period, he will have to compensate the landlord for the balance lock in period for which the tenant did not use the premises
so the landlord can very well sue you for that
as regards the deficiencies in the amenities, you were required to bring that to the notice of the landlord. but since you 'adjusted', then now you cannot complain, particularly when you apprehend that the landlord may sue you for breaching the agreement in so far as the lock in period is concerned
as you did not object against the deficient amenities, under the law it can be said that you waived your right to object

Yusuf Rampurawala
Advocate, Mumbai
6999 Answers
79 Consultations

5.0 on 5.0

if you don't vacate after expiry then. You need to pay the rent for additional days. You can also. Vacate and fike case for deposit recovery

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

If you have already vacated the rented premises and delivered vacant possession of the premises to the landlord, and he too taken delivery without any object ion or demand for the balance of lock in period, then it is deemed that he has waived the payment of compensation towards of balance of lock in period.

You can remain silent about it until you are not receiving any notice of demand at a later stage, which can be legally handled at that time, if you receive one.

Any such demand made by the landlord at a later stage is not maintainable because he has whispered about the existing clause at the time accepting the delivery of vacant possession while you vacate the rented premises, so there is nothing to be worried about it 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Dear Client,

During the lock-in period, the tenant and the landlord cannot terminate the agreement.

If the tenant needs to leave the house he has to provide security deposits so that the owner gets fortified.

The tenant has to pay his fee every month without failing during the lock-in period.

If the lease period is for 2 years, then the Notice Period will be 1 month and the lock-in period will be of 6 months.

The clause of the lock-in period states:

"Both the parties have agreed to set a lock-in period of ____ months during which neither the licensor shall ask the licensee to vacate the premises, nor the licensee shall vacate the premises on his own during the lock-in period. In spite of this mandatory clause, if the licensee leaves the premises for whatsoever reason, he shall pay to the licensor license fee for the remaining lock-in period at the rate of agreed upon in the agreement. On the other hand, the Licensor shall compensate the Licensee for loss and inconvenience caused to the Licensee if he has been asked to vacate the premises."

 

Thank You.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

The rental agreement needs to be examined to render proper advice. However, it is better to pay the landlord rent for the months (including broken month, if any) during which you had lived there. It is better to talk to the landlord and convince him/her of the circumstances in which you had to foreclose the tenancy, and settle the matter in an amicable manner.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

- As per law, if tenant vacate the premises before the expiry of the locking period , then he is liable to pay the rent for the whole period. 

- Since, there is no condition for the breach of the agreement , then the owner cannot take any legal action against you. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

1. The agreement shall have to be perused to understand what else have been mentioned therein in connection with calling off the rent agreement during the lock in period. Will that one months advance will be confiscated or the tenant shall have to pay rent for the entire lock in period.

 

2. If nothing has been mentioned therein, it will be difficult for the landlord to extract any further amount from you legally.

Krishna Kishore Ganguly
Advocate, Kolkata
26800 Answers
726 Consultations

5.0 on 5.0

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