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UWe (a group of 6 students) have been living in a flat with a lock-in period until August 2025. Our landlord is now trying to force us to vacate by June because he found new tenants willing to pay significantly higher rent. Our current rent is ₹57,000, and the new tenants would be paying ₹85,000.
We have no problem vacating the flat, as we have cheaper alternatives available. However, he is demanding that we pay a penalty for not completing the lock-in period, even though he is the one breaking the agreement, not us. We are not willing to pay this penalty, as it makes no sense for us to be penalized when we are not the ones violating the contract.
Additionally, we accidentally broke a bed in the flat, which we already agreed to repair before leaving. However, he is falsely claiming the bed costs ₹1 lakh, while the same model is available online for ₹28,000.
We have a Zoom call with him at 7:30 PM today to discuss this. Any advice on how we should handle this situation? Can he legally do this?
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C1. You send the zoom call link and record the zoom call.
2. On the zoom call tell him that he is terminating the agreement and he should pay you reasonable compensation for shifting, like brokerage for new flat, shiting expenses and extra for all the stress. Let’s put that figure to, say 2 lakhs. If he doesn’t agree, tell him you will not vacate and also not pay rent any more and that it should be deducted from the deposit. Tell him that you will be involving your lawyers in this now and he can’t go to court to get you vacated.
3. Depending on how the call goes, you can consider sending legal notice or just sit tight till he sends one.I myself live in a rented apartment and have also given 2 flats on rent, so I have experience from both sides. I too have given on rent an apartment for 70k, but now rent in that area has increased to 85k, but I won’t be asking the tenant to vacate as I have a lock-in clause and also, I am not an A-hole.
But if my land-lord asks me to vacate as he is getting higher rate, I will have to consider if the hassle of going down legal route or having a dispute with landlord is worth it. If you will be expending a lot of money for shifting, I say, it would be worth it to fight the landlord for some time and see how he takes it. It all boils down to that.
If its causing you too much stress, just leave the place.
Also remember, law is in your side if you ever want to take this to court.
FYI : I am a lawyer and am currently advising my client how to terminate a lease deed with a lock in clause without incurring too much expenses.
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