Nehal Mirajkar 06 May 2020

can't vacat the property due to lockdown

Hi,

I have a query, that my property which is rented on heavy deposit with 3 k rent per month, as it heavy deposit rent is low.

So now agreement got over legaly on 30th March (it supposed to be on 30th feb but mistake have been done by the legal team who made agreement, So 30th March it is for now ) and tenant can't vacant the property coz of lockdown. And bad part is tenant was on heavy deposit and 80 percent deposit already paid back and rest supposed to be paid when they vacat which suppose to be on 30th but lockdown happen.

so in this case where tenant still staying and not moving up, do they have to pay rent legaly?

If yes, as I have already paid 80 percent of heavy deposit. can I ask for normal rent as per property value which is around 16k a month?

what could be the right think to do?

Reply Follow

Quick Summary

A landlord is seeking advice as their tenant cannot vacate a rented property due to the ongoing lockdown, even though the rental agreement has legally ended. The landlord is concerned about whether rent is still legally payable and if they can increase the rent to market value, given that a significant portion of the tenant's deposit has already been returned. The advice suggests negotiating with the tenant, potentially accepting a rent between the current low amount and market value, and securing post-dated cheques if immediate payment is difficult. It's also advised to confirm any deductions from the remaining deposit in writing with the tenant to avoid disputes.

4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 06 May 2020

Hello Nehal!

Since you are aware that there is a lockdwon in India from 25th March 2020 itself. Now you may look to netotiate terms with your tenant. It is quite possible that the tenant may say that he/she doesnt have much money to pay regular monthly rent at market rate. you may try to close it between Rs. 10000/- to 16000/-.

But ensure that you dont force too much. Just ask for post dated cheque, if the tenenat cannot pay the rent currently.

Regards,

Adv. Rohit Dalmia

Nehal Mirajkar 06 May 2020

Hi, Rohit thanks a lot for your reply. as 25 percent of deposit i still have. can I deduct from that amount at the time of vacant?

regards,

Adv Rohit Dalmia 9324538481 (Lawyer) 06 May 2020

Nehal!

You can do it, once you confirm in writing with the tenant. don't do it without taking the tenant into confidence. else there will be a dispute and no landlord is allowed to take undue advantage of the present situtaion.

Regards

Adv. Rohit Dalmia