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Sk   02 July 2020

rent and vacant issue

We 4 resides in a flat and agreement was of 11months which is already over and I have decided to vacate the house do I still have to pay the rent or do I have to search for one tenant as my replacement because agreement is already over. Please suggest what should I do? And there no mention of replacement in agreement only a basic agreement with residing and maintenance rules plus sec 24 is included.
Also if we 4 are vacating do we still have to find replacement or if didn't find it do we still have to continue paying rent.


 8 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     02 July 2020


If you want you can vacate or continue it is upto you. You can discuss this issue with landlord. If you continue even after expiry of agreement in that case you have to pay rent.


Sk   02 July 2020

no sir my que is if I vacate the house do I still have to pay the rent of the replacement. are there any rules that you have to find a tenant and then vacat or pay the rent??

Adv Keches Shilwante (Partner @ Legal Biceps)     02 July 2020

There is no such law that if tenant want to vacate the place than he/she should bring replacement. 

But you have to pay the rent for extra day till you reside.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     02 July 2020

1. Legally it is not the Tenants duty /liability to find a new Tenant for the Land Lord.  This has to be done by landlord or agent-broker, in the same way, you become his tenant.

2. IF the agreement period has expired, THEN there is no need for any legal notice. You can just simply vacate and hand over empty possession.  IF you are over-staying the agreement defined period, THEN you become liable for overdue rent amount at the discretion of the landlord.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

P. Venu (Advocate)     03 July 2020

Why this intution? Has the landlord asked you to provide replacement?

Sk   03 July 2020

actually me and 3more roomates are living and I had already vacated the room also agreement is over plus 3others wanted to vacated but thy are stuck in thr hometown...landlord want me to pay the rent else she will compensate the amout from other 3.

Dr J C Vashista (Advocate)     04 July 2020

As on date there is no valid rent agreement (written) which may govern the subject. 

It is between all 4 of the tenants and landlord, which do not have any specific law to help you.

Sk   05 July 2020

agreement is already over and lock-in period was also over we 3 want to vacate it bt my roommates are saying that is is a rule that if we didn't find replacement we have to pay rent.... we reside in pune? are there any norms area wise... and there is no such thing aggrement. so we are bit confused what to say to owner cuz we want our deposits back else she will cut the rent from our deposits. please sir suggest what should we say to her...

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