Pre-Termination of Rental Agreement
We had got a rental apartment for a 3 year period with 11 months lock in. It says that after 11 months lock in period is over, if we wish to exit, we have to give a 2 month notice period and if we terminate before that, we have to pay the remaining rental for unused months as well.
This is a 32 storey tower and we stay on the 24th floor. This place is close to railway tracks. When we had seen the place, we could not hear that much noise of trains as we had just visited the flat for 5-10 mins twice, both being in afternoon. However, since we moved in, my parents are not able to get sound sleep because of the noise and thus this has taken a toll on their health. We tried to adjust to the noise, but it is going out of control at nights when those Outstation Trains pass by.
Now, it is almost 3 months we are staying here and finally we would like to terminate the agreement. But the landlord says, we have to give him the money he has spent on Grill work, the money he has given Brokerage and also the pending 8 months rental.
Kindly advise the best solution for this matter. I have even said to the landlord that I will help him find a new tenant, but he is not agreeing. I wish to terminate this agreement by not paying any of the above mentioned penalties. My parents health are deteriorating day by day because of no sound sleep, Is there a way out? Please advise.