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Samikshaa Sharma (Other)     07 June 2023

Lock in period and notice query

Hi Experts,

This is related to lock in and notice related query.

Query:

In a rental agreement there is an lock in period of 6 months , the owner is saying you can only give notice after completion of 6 months(lock in period).

By this logic it will be like 6 months + 1 month i.e 7 months compulsory. Basically 1 month extra forcefully.

Suppose lock in period is getting over on 31st May and tenant gave one month notice on 20th May to 19th June. Here the tenant is vacanting after lock in period only.

Also some suggested that Tenant give notice in this case after completion of 5 months so 6 months of lock in will be completed.

But some said you can only give notice after lock in period.

Kindly note that in the agreement it's no where written that Tenant cannot give vacant notice before completing lock in period.

 

Kindly advise..

 

Thanks 

 



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     07 June 2023

Lock in period is different to that of the notice period.

The one notice period should commence after the expiration of the lock in period

 

1 Like

Shashank Saxena (Lawyer)     07 June 2023

 Hi Ethics and Justice, either party (i.e., the landlord or the tenant) can terminate the contract under various situations and that too, before the expiry of a lock in period. Generally, the factors that compels or may compel the tenant to terminate the contract could be failure by the landlord to maintain the property in a habitable condition or raising the rent without giving proper notice to the tenant. Also, If the tenant is facing hardships such as a job loss or medical emergency, then the tenant may be released from the lock-in period provided the tenant can give evidence to that effect. 

Also, you need to see your local rental laws and ascertain whether Lock-in periods are considered legal or not? (e.g.,it is prohibitted for landlords to include lock in periods in their agreements in the states of Maharashtra and Karnataka). so, If you are a tenant in one of these states and your landlord has included a lock-in period in your rental agreement, you can take legal action against the landlord. You can also file a complaint with the Rent Control Authority in your state.

Regarding giving Notice: Yes, You can give notice any time, however, you may to pay penalty which could be in addition to forefeiture of security deposit by the landlord. The amount of the penalty is usually specified in the rental agreement. It may be equal to the rent for the remainder of the lock-in period.

Hope that helps!!

1 Like

Advocate Bhartesh goyal (advocate)     08 June 2023

Tenant can issue notice to landlord for termination of rental agreement before expiry of lock in period but has to pay rent for lock in period I.e six months.

1 Like

Dr. J C Vashista (Advocate )     08 June 2023

I fully agree with the opinion and advise of expert Mr. Bhartesh Goyal, the agreement can be terminated by either party during lock-in period as well, subject to payment of rent for the period (lock-in).

1 Like

Samikshaa Sharma (Other)     08 June 2023

Attached is the clause in the agreement which is written as " yadi kirayedar 06 maah k pehle Khali karta hai toh security deposit ki rashi me se 1 maah ka paisa kaat ke dia jayega "

Here tenant has paid lock in period rent..

Eg 31st May is lock in period gets over and tenant is paying advance rent which he has paid for lock in period too...

Here Tenant has given notice on 20th may to 19th June. 

As per the clause "6 maah se pehle khali karta hai toh"

Tenant is vacanting after completing lock in period, also there is no where written that notice should be given after completing lock in period...

 

Thanks 

 


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Deepak Rathore   29 September 2023

@ Shanhank Saxena,

Sir, As per your statement which seem incorrect that lock in period are illegal in state of maharashtra and karnataka looks misleading. if you have any law or rule please do provide a copy where in it states as mentioned by you. Thanks

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