Terms of contract are sacrosanct
2) if you terminate agreement landlord can demand rentals for lock in period
3) if geyser is not related issue notice to landlord to do so
Our rented house has various of problem, like water pressure not enough, landlord doesn't offer proper repairing to appliances like geyser, water shortage problem, we don't have a friendly place to live. However, our lease agreement is in 11 months lock period. I would like to know if the house is not suitable for living, how can I terminate the lease agreement in lock period without penalty. Thanks!
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Terms of contract are sacrosanct
2) if you terminate agreement landlord can demand rentals for lock in period
3) if geyser is not related issue notice to landlord to do so
But point is the problem happens again and again, in the agreement, it states that appliances should be in working condition. If problem like this landlord doesn't solve it properly. As tenant, nothing we can do?
inform the landlord to repair the appliances within period of 7 days failing which you would be forced to terminate agreement on account of breach of contractual obligations
1. Under the Contract Act provisions, an Agreement of ANY kind can be rescinded /revoked /cancelled, for Breach of Contract, Breach of Terms & Conditions, Breach of Health Safety reasons etc.... This is irrespective of the lock-in period clause in the Lease Deed, which must compulsorily be Stamp Duty paid & Registered, ELSE the lease deed itself will be infructuous and null & void.
2. Issue proper Legal Notice to the landlord, to honor the Lease Deed conditions, ELSE the lease deed shall stand revoked, at his cost & consequences.
Dear Sir,
Every lease agreement contains such clauses and there are termination clauses in such agreements default of which can be termed as breach of contract. So you can terminate a contract in such situations even in a period during lock in period. But if you terminate the lease before lock in period without any fault of the other party (breach of contract) you shall be liable to pay damages as expressly stipulated under the contract in such an event.
You need to terminate with understanding with landlord. There is no other way. If you still break the landlord has right to approach court for compensation
See in terms of clauses of lease agreement you can give a notice to land lord to repair and sort out issues if in the notice period the issues are not solved then you can terminate the lease. Though only problem you can face is land lord may refuse to refund the security deposit for same you may have to contest in court.
You can notify the problem to the landlord and if he fails you can on that ground terminate the lease.
- You should check your lease agreement , because , every Lease Agreement contains termination clauses .
- Since, the said agreement clearly mention , that appliances should be in working condition , then even during the lock period you can terminate the lease agreement.
- Other side , you have taken the said house for your enjoyment and peace living into the same , then if you are not availing the same , then owner also deserve to compensate as well.
- Only when, you terminate the lease before lock in period without any fault of the other party , then only you will be liable to pay damages or penalty.
- You should send him a legal notice for termination the lease agreement after mentioning his faults/problems faced by you , and thereby you should ask for refund the deposited amount paid by you at the time of taking the said house.
Good luck and dont forget to rating Positively.
1. Once landlord has delivered the possession to the tenant then unless there is a clause to the contrary in the lease deed/rent agreement it is the tenant who has to bear the expenses on repairing the appliances such as geyser and also take necessary steps to overcome water shortage.
2. You are free to terminate the lease deed/rent agreement in accordance with conditions specified in it by serving a notice on the landlord. It is not clear from your query whether there is a lock-in period.
Every lease agreement contains such clauses and there are termination clauses in such agreements default of which can be termed as breach of contract. So you can terminate a contract in such situations even in a period during lock in period. But if you terminate the lease before lock in period without any fault of the other party (breach of contract) you shall be liable to pay damages as expressly stipulated under the contract in such an event.
Issue a notice to the landlord to resolve issues within 15 days if landlord failed then you can terminate the lease agreement.
Under the inhabitable conditions or with untold miseries in the living atmosphere, it may not be possible to continue to reside in the house.
Hence you may first issue a notice to the landlord mentioning all the defects and lack of basic amenities in the leased premises and demand the landlord to rectify all the defects and to provide the amenities which are essential for living. You may allow one week time for the necessary action to be taken by the landlord failing which you intimate in the same notice that you will be terminating the lease agreement for failure to provide the basic amenities and he will be held liable for the consequences including compensation for mental agony you suffered due to this inhabitable living atmosphere/condition.
This way you can legally get rid of this menace.
You have been advised to intimate the landlord to issue a legal notice mentioning all the defects and ask him to rectify the defects, if he fails to comply then you may quit the premises for the same reason and demand refund of your advance amount besides compensation for the hardships you had to face due to this in the past.
1. You can send a notice for repair to owner for giving him intimation about the repair work which need to be done in house and issues you are suffering while living in house.
2. In that notice also mention about termination of lease agreement if he doesn't get the repair work done.