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Gaurav sharma   27 December 2020

Undue pressure from land lord.

Dear Experts please advice -

During the time of lockdown my friend was not able to pay rent dues so he decided to vacate the room but land lord did not allow to vacate room because land lord was thinking that he will not get new tenant in Covid -19 breakout.
Now my friend is being pressurised to pay the rent for the months in which land lord did not allow to vacate.

Now this time every advice is very needful.
Thanks.


Learning

 8 Replies

Anubhav Tyagi   28 December 2020

Mr. Gaurav,

It would be better if you could explain a bit elaborately.

Did your friend stay at the rented premises during the lockdown? If yes, do you have any proof that your friend wanted to vacate the accommodation but he was forced/coerced to stay.

It would be better if you elaborate your question.

 

Best wishes

Anubhav Tyagi, Advocate

Gaurav sharma   28 December 2020

Thanks Anubhav Sir for your reply.
1. Yes my friend has used the space during lockdown ,he used to run dance academy there but was not able to generate revenue therefore decided to vacate the space.
2. He has paid all prior dues of rent.
3. He does not have any written proof except the persons available there to proof coercion.
4. Please advice can his land lord take any legal action against him, land lord has already threatened to complain against my friend.

Kishor Mehta (CEO)     28 December 2020

Since he was in possession and occupation of the premises he is legally bound to pay the rent for that period. 

P. Venu (Advocate)     28 December 2020

"he decided to vacate the room but land lord did not allow to vacate room" How?

 

Gaurav sharma   28 December 2020

Dear P. Venu Sir,

Because land lord was thinking that my friend will run away and will not pay rent dues.
And land lord will not get new tenant in Covid 19 period.

P. Venu (Advocate)     28 December 2020

It is impossible that anyone could be disallowed or prevented from an act just by "thinking".

Anubhav Tyagi   28 December 2020

Dear Gaurav

If a tenant stays in a property he is bound to pay the rent. Moreover, you do not have any proof to support your claim. Therefore, you are bound to pay the rent, otherwise the Landlord has the right to take legal recourse.

 

Best wishes

Anubhav Tyagi, Advocate

Delhi High Court

Dr J C Vashista (Advocate)     29 December 2020

Originally posted by : Gaurav sharma
Dear Experts please advice -During the time of lockdown my friend was not able to pay rent dues so he decided to vacate the room but land lord did not allow to vacate room because land lord was thinking that he will not get new tenant in Covid -19 breakout.Now my friend is being pressurised to pay the rent for the months in which land lord did not allow to vacate.Now this time every advice is very needful.Thanks.

Let your friend may settle the issue amicably, no legal dispute is involved in the post.


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