Community › Forums › Legal Advice India › Breaking Rental Lock-in Early – Need Advice
- This topic has 7 replies, 4 voices, and was last updated 1 year, 3 months ago by
Fierceanirudh9723.
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UUser_606fc77e
PARTICIPANT
March 12, 2025 at 2:38 amI moved into my 2BHK flat in Dec 2024, expecting my mom to join me, but due to health issues, she can’t. Since I’ll be taking WFH for a few months to care for her at home, I need to vacate early. My rental agreement has an 11-month lock-in period and a 1-month notice clause. While I can serve notice, I’d be breaking the lock-in.The agreement states that 1X rent will be deducted for cleaning/painting from my 3X rent deposit. Could the owner also charge an extra 1X rent as a penalty, or worse, demand rent for the remaining 7 months? I’ll speak to him soon but want to be prepared. Any advice?
Relevant Clauses from My Rental Agreement:
1. The tenancy shall be in force for 11 months, starting from December 1, 2024.
2. At the time of vacating the premises, the tenants shall repair the fittings and fixtures. The tenants shall pay one month rent towards painting charges or such amounts shall be deducted from the deposit amount.
3. A one-month prior notice is required from either side for termination. -
IIndiansarang4222
PARTICIPANT
March 12, 2025 at 4:08 amThis will totally be a call on your Landlord’s part! You will have to negotiate with him and come to terms! -
FFierceanirudh9723
PARTICIPANT
March 12, 2025 at 4:44 amPlease post the lock-in clause as well and early termination clause (if any). Typically the penalty is the rent for remainder of the lock-in period. You can try and find some other tenant who can take over the remainder of the contract (with the consent of the landlord).-
UUser_606fc77e
OP
March 12, 2025 at 4:52 amThere isn’t any clause for early termination. Only the above mentioned ones are there in the agreement related to lock-in and notice period.I haven’t seen anyone pay the rent for remainder of lock-in period. There is nothing mentioned like that in my agreement, then how will such rules be applied?
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FFierceanirudh9723
PARTICIPANT
March 12, 2025 at 5:02 amIf there is nothing mentioned then you have to pay the rent for the remainder of the lock-in period. It’s poorly drafted agreement tbh.-
UUser_606fc77e
OP
March 12, 2025 at 5:44 amGenuine doubt, if there’s nothing mentioned why do I have to pay rent for the remainder of lock-in? There isn’t anything mentioned that says that u should pay, right? It doesn’t make sense to me!-
FFierceanirudh9723
PARTICIPANT
March 12, 2025 at 6:00 amRe read what you wrote and tell me if you still have doubt. What do you think lock in means in layman terms?
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QQuickguru4523
PARTICIPANT
March 12, 2025 at 5:52 amAa per your statement you have to give one month notice do that preferably by speed post/email and vacate at the month end technically you should get your security deposit less maintenance at the end of the month
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