Since the agreement is for 11 months and the tenant is vacating just after completion of 6 months, you can convince your tenant to agree for deducting two months' rent, even though it's not legal as there's no mention of it in the rental agreement.

You can legally collect only what’s written in the rental agreement. Since your agreement mentions 1 month rent as painting charges, you can recover that plus rent till the tenant vacates. You cannot demand an extra penalty or brokerage recovery unless the agreement expressly provides for it. For future agreements, add clear clauses on early termination penalty and brokerage recovery.

regards,

Adv. Arunkumar Khedia

(Bombay High Court)

You cannot collect 2 months rent if there is no such clause in rental agreement

‘’there has to be lock in period in rental agreement and it should provide that in case he vacates premises before 11 months one month rental will have to be paid  

- As per law, both the parties are bound with the terms of the rent agreement 

- If there is no clause for the penalty and only mention one month rent for painting charges , then you cannot collect from him extra. 

- The tenant is under obligation to pay Full month rent to the landlord. 

If he vacates in first week of month you can charge him rent on pro rata basis 

It's advisable to collect rent on pro-rata basis.

Dear Client, 

Legally, you can only enforce what is expressly written in the rental agreement, so since the agreement provides for one month’s rent as painting charges but does not mention an early-vacation penalty, you cannot unilaterally demand two months’ rent; if you wish to recover brokerage or other incidental costs, those should have been included as terms in the contract, otherwise the tenant is liable only for rent up to the date of vacating and the agreed painting charge. For the last month, rent should be collected strictly on a pro-rata basis according to the actual number of days the tenant remains in occupation, rather than insisting on a full or half month, as that would be seen as more legally sound and fair if any dispute arises later.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank You.

• You can only collect what the agreement provides. Since your agreement specifies 1 month rent as painting charges, that is all you can recover apart from actual rent due till the date of vacating. You cannot legally impose an extra “penalty” or claim brokerage unless it was written in the agreement.

• Rent for partial month: If your tenant is vacating in the first week, you can charge rent on a pro-rata basis (i.e., only for the actual days of occupation). Courts and rental laws generally frown upon forcing tenants to pay a full month’s rent unless expressly agreed in writing.

👉 For future agreements, you should clearly include:

• Early termination penalty (e.g., 1–2 months’ rent).

• Brokerage recovery clause.

• Minimum lock-in period.

for more details you can take my consultation

regards,

Adv. Arunkumar Khedia

(Bombay High Court)

You can only charge rent for the actual days the tenant occupies the premises (pro-rata), plus the 1 month painting charge as agreed. You cannot legally demand an extra month’s penalty since it is not in the agreement.

You can only collect what is mentioned in agreement anything additional is legally not permissible. Yes you can waive certain things stated in agreement but not include extra 

If the rental agreement is for 11 months and the tenant vacates in the 6th month, your rights depend strictly on what is written in theIf the agreement does not specify that the tenant must stay for 11 months, or that they must pay compensation/penalty for early exit, then you cannot legally demand an additional month’s rent.

If the agreement does not specify that the tenant must stay for 11 months, or that they must pay compensation/penalty for early exit, then you cannot legally demand an additional month’s rent. The tenant is only obliged to pay rent up to the date they occupy the premises (plus any notice period, if mentioned).

In absence of any such clause, courts usually side with the tenant – you cannot unilaterally impose an extra month’s rent as penalty.

Usually the rent will be paid on calendar month basis 

If the tenant occupied in the first week and vacating in the first week then you may not be entitled for any additional rent even on pro rata basis.

You ascertain the date of occupying the premise and can demand the pro rata rent if the gap is more than a week.

Under Karnataka rental laws and standard practice:

• Since your rental agreement is for 11 months and the tenant is vacating after 6 months without completing the full term, you are generally entitled to collect a penalty equivalent to one month’s rent for premature termination, even if the agreement does not explicitly mention this penalty. This is supported by the Karnataka Rent Control Act and prevailing court decisions.

• Your agreement states that 1 month’s rent will be collected at vacating as painting charges, which is a separate charge for property restoration.

• However, collecting two months’ rent (one month as painting charges + one month as penalty) may not be fully enforceable if the penalty is not explicitly stipulated in the rental agreement. Courts prefer clear, contractual terms over implied penalties.

• Given you have already paid 1 month rent as brokerage and incurred other expenses, you can claim reasonable compensation from the tenant for those expenses, but it is advisable to communicate and document these claims well.

Regarding rent for the last month:

• Rent should be calculated pro-rata for the days the tenant occupies the property in that month. If the tenant vacates in the first week, you can charge rent proportionate to the actual number of days stayed.

In summary, you can likely collect one month’s rent as penalty (subject to tenancy agreement and negotiation), one month rent as painting charges as per your agreement, and pro-rata rent for partial month occupancy. Ensure proper communication and written record to avoid disputes. If the tenant disagrees, legal intervention will consider the terms of your written agreement as paramount.You need to pay the original General Power of Attorney (GPA) document only if the buyer specifically demands it; however, usually, a certified copy or xerox copy suffices for verification and registration purposes. Since the GPA is general and covers all properties purchased in your name, the original does not necessarily need to be handed over to each buyer separately. Passing the original to one buyer and certified copies to others is acceptable and common practice.

There is a potential risk of misuse since it is a general GPA allowing broad powers; if the document is lost or falls into wrong hands, it could be misused. Therefore, secure custody of the original GPA is important.

If your father bought two or more plots under the same GPA, the original GPA stays with you and copies are provided to buyers. Certified copies are legally valid and recognized for property transactions.

Your GPA gives your father broad authority including purchasing, obtaining registration, managing tenants, legal representation, and rent collection, binding you to actions he lawfully undertook during his lifetime. However, after your father’s death, this GPA ceases to have effect.

Hence, retain the original GPA carefully, provide certified copies to buyers, and you can sell the property based on your ownership and documents executed by your father.

1. A part of month is treated as full month. There is no such practice of collecting months week wise or day wise, it is applicable only to hotels.
2. If there is damage to premises you can collect expenses against such damage but what is paid to broker cannot be collected from tenant.

• You can safely demand one month’s rent as painting charges + pro-rata rent up to the date of vacating.
• If the tenant agrees voluntarily to pay extra (say, for penalty or brokerage), you can take it, but legally you cannot enforce more than what is written in the agreement.