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  • Category: Indian Law

    Termination of House lease or Rent agreement when the termination clause is not mentioned


    Have a query about termination of house lease or rent agreement in case termination clause is missing? Searching for details of these clauses online? On this page our legal experts shall provide your guidance to resolve the issue.

    I would like to know the procedure of termination of Rent Agreement.

    Actually one of my friend has moved into a Rented House in Mangalore city.

    Rent agreement is of 11 months. However the rent agreement does not say anything about termination before the completion of 11 months.

    The house is quite far from the city and he and his family are facing travelling problem. So he wants to terminate the agreement and move in to nearby area.

    Can you please advise how can he proceed. He does not want to stay there for 11 months.

    To be more clear, i will present some of the content of that agreement below:

    And whereas, the Lessor has desirous of rent out the said Residential Apartment on monthly basis for a 11 months and also looking for a suitable party, mean time the lessee has requested to grant the said residential premises on monthly rental basis for a period of 11 months in his favour and the lessor has agreed for the same.

    No therefore, the Rent Agreement is executed and witnessed as follows:

    1. The lessor has agreed to rent out the lessee has agreed to obtain the said residential premises on monthly rental basis for a period of 11 months

    2. The rent period shall be commencing from ............. or a period of 11 months i.e ending on 20-07-2019

    3.The lessee shall pay the monthly rental of RS.... which shall be payable on or before 5th of every calendar month to the Lessor by cash.

    4. The addition of the monthly rent reserved, the lessee shall also be liable to pay the Electricity charges and water bill to the concerned authorities

    5. The lessee today deposited a sum of RS......................... by cash to the lessor as a Security deposit to the said premises and the lessor hereby admits the receipt for the same.

    6. That the above said security deposit shall be refundable at the time of surrendering the vacant possession of the said premises, without any interest after deducting any dues of bills or any damages etc.. to the Lessee.

    7. The Lessee shall not sub-let or sub-lease the said premises to any other person without the consent of the Lessor

    8. That the Lessee shall not erect any permanent structure or make any alteration or additions to the scheduled apartment. If any damages caused to the scheduled premises he will restore to its original state at the termination of agreement at his cost.

    9. The lessee shall use the scheduled premises only and exclusively for residential purpose and shall not divert use of same for any non residential use or for running any business or any other commercial or other activities.

    10. The Lessor shall not in any way be liable for any loss or damage to the goods, material or any other property belongs to the Lessee caused by fire tempest, flood. civil, commotion, riot theft, robbery or any cause whatsoever.

    11. In case the lessor is put any expenses costs, loss, damage and payment due to any act of commission or ommission on part of the lessee, in the matter of enjoying of the scheduled apartment or under this agreement the Lessee shall be liable to compensate and make good to the lessor such expenses, costs, loss, payment etc..

    12. The Lessee shall not keep any explosive or combusting articles in the scheduled premises.
    a) If both the parties do agree to continue the rent for another term of 11 months, the lessee has to pay an increased rent of Rs...... per year from the rent fixed in this agreement.

    13. This Rent Agreement is typed in Rs ... E Stamp. The original of the same will be kept with the lessor and the duplicate with signature is kept with Lessee
  • Answers

    12 Answers found.

  • In such cases, people usually leave the rented house with the consent of the owner of the house on a mutual understanding basis. He should not leave immediately and must give a notice for a month or 2 months so that the owner can find another family during that time.
    If your friend leaves immediately, the owner may ask for a month's rent or he can also deduct some amount from the deposit given to him.
    Such clauses are usually mentioned in the agreement but if his agreement is not having any such clause, it is better for him to discuss the same with the owner and sort out the things on a win-win basis for both.


    Padmini

    Living & Learning- simultaneous processes!

  • If there is no specific clause for terminating the rental agreement, the termination can be done by any of the two parties involved. Generally, when we make a rental agreement we will write about the period of rent and after that what is the procedure to be followed for extending the agreement. At the same time, what is the procedure for terminating the agreement will be written if any one party wants to terminate the agreement?

    Then it will depend on the mutual agreement of the two parties. As a tenant, if you want to vacate the house before completing the lease period, you may have to pay some compensation to the owner. This is to be paid, vacating the land without notice will cause him to lose financially as it will take some time to find out another tent. So the owner may demand some compensation. He may have to spend some money advertising and getting a new tenant. So he may insist on that. If you stand in that house for less than 6 months you may have to give a notice period of 25 days or compensation of rent for that period. If you are staying for more than six months and less than a year you have give 35 days notice to the owner.

    If your owner is good and he may allow you to vacate the how without any compensation for him. All depends on the relations between the two parties. It is better if you both discuss and come to an understanding. Otherwise, take the opinion of a lawyer and go as per his advice

    drrao
    always confident

  • You would have read thw agreement at the time of signing itself. It is advised to read the agreement line by line. No rental/lease agreement written without the termination clause because it is applicable for both the parties to the contract.
    In the absence of clause,anyway,both the party can do anything as they can.
    So, on the safer side both parties can talk mutually before a common man and can come to a conclusion.

  • When the rental agreement was made for 11 months, that means both have been mutually agreed not to commit any breach of conduct during those 11 months. However, as a tenant, you have the right to discontinue the agreement, provided you show another rental tenant in your place and with the same agreed terms. Sometimes the owners will not agree for another tenant in lieu of you and therefore one has to give all the eleven-month rent and then vacate the place. But still, if the owner is good and understandable even pre-closure of rental agreements are done with no issues at all.

    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease


  • Generally a termination clause will be put in the rent agreement. As you say in this case that clause is not there. So the tenant can take advantage out of this by terminating the deed at any time. For this in most of the cases a verbal notice will suffice and the owner can not ask for any advance notice as there is no clause. If that does not work then just give him a written notice of one month saying that by next month you will be vacating the house. In absence of any such clause the general practice of one month notice will prevail. Please remember that the owner can also ask to vacate the house on some appropriate ground by giving a one month notice. So in absence of the clause both the parties will have advantageous position to that extent. If there is a confusion and more clarity is required then an advice of the lawyer can also be taken in such cases where due to non availability of an important clause in the rent deed some ambiguity has arisen.


    Knowledge is power.

  • Usually all the terms and conditions are clearly mentioned in the agreement. I think there must be a termination clause in the rent agreement. He should read it carefully or if he is not able to understand legal language of the agreement he can seek an advice from others who have some legal knowledge. Even if there is no termination clause, in such case your friend can give a notice according to the agreement terms to the landlord for early termination of the agreement. In which he can explain his problems and then by mutual understanding both can resolve this matter. You friend can give a notice of 1 month or 2 month as per the agreement terms. If he wants to vacate house immediately in this case he has to pay rent for 1 month or 2 month as per the agreement terms. If he will not pay this amount owner can deduct this amount from security deposit. Your friend can also request his owner to leave the rent. If owner is kind hearted he can leave it and allow him to vacate house immediately.

  • Thank you all for your valuable answers. To be more clear, i will present some of the content of that agreement below:

    And whereas, the Lessor has desirous of rent out the said Residential Apartment on monthly basis for a 11 months and also looking for a suitable party, mean time the lessee has requested to grant the said residential premises on monthly rental basis for a period of 11 months in his favour and the lessor has agreed for the same.

    No therefore, the Rent Agreement is executed and witnessed as follows:

    1. The lessor has agreed to rent out the lessee has agreed to obtain the said residential premises on monthly rental basis for a period of 11 months

    2. The rent period shall be commencing from ............. or a period of 11 months i.e ending on 20-07-2019

    3.The lessee shall pay the monthly rental of RS.... which shall be payable on or before 5th of every calendar month to the Lessor by cash.

    4. The addition of the monthly rent reserved, the lessee shall also be liable to pay the Electricity charges and water bill to the concerned authorities

    5. The lessee today deposited a sum of RS......................... by cash to the lessor as a Security deposit to the said premises and the lessor hereby admits the receipt for the same.

    6. That the above said security deposit shall be refundable at the time of surrendering the vacant possession of the said premises, without any interest after deducting any dues of bills or any damages etc.. to the Lessee.

    7. The Lessee shall not sub-let or sub-lease the said premises to any other person without the consent of the Lessor

    8. That the Lessee shall not erect any permanent structure or make any alteration or additions to the scheduled apartment. If any damages caused to the scheduled premises he will restore to its original state at the termination of agreement at his cost.

    9. The lessee shall use the scheduled premises only and exclusively for residential purpose and shall not divert use of same for any non residential use or for running any business or any other commercial or other activities.

    10. The Lessor shall not in any way be liable for any loss or damage to the goods, material or any other property belongs to the Lessee caused by fire tempest, flood. civil, commotion, riot theft, robbery or any cause whatsoever.

    11. In case the lessor is put any expenses costs, loss, damage and payment due to any act of commission or ommission on part of the lessee, in the matter of enjoying of the scheduled apartment or under this agreement the Lessee shall be liable to compensate and make good to the lessor such expenses, costs, loss, payment etc..

    12. The Lessee shall not keep any explosive or combusting articles in the scheduled premises.
    a) If both the parties do agree to continue the rent for another term of 11 months, the lessee has to pay an increased rent of Rs...... per year from the rent fixed in this agreement.

    13. This Rent Agreement is typed in Rs ... E Stamp. The original of the same will be kept with the lessor and the duplicate with signature is kept with Lessee


  • The agreement terminates automatically when the term period ends. But there are various reasons because of which the landlord or the tenant has to terminate the agreement before the term ends.

    Usually, to end an agreement before the term is completed, then the tenant is supposed to give notice according to the agreement terms. For example, say the notice period that is mentioned in the agreement is 2 months, then the tenant has to inform the landlord 2 months before that he would be vacating the rented premise.

    It is advised for both the party to provide written notice to avoid any misunderstanding or confusion.

    This Termination clause is very important in the rental apartment. It legally bounds the landlord and the tenant to act according to the clause. I wonder how your friend's landlord overlooked it.

    But since you say that the termination clause is not mentioned, the tenant can end the agreement at any time. He only needs to intimate the same to the landlord. The landlord may ask for compensation but he is eligible for that. Since there is no such clause mentioned in the agreement. Also, it is not an implied agreement where even if a particular thing is not stated or expressed properly, it becomes liable. So, no compensation needs to be paid, no notice needs to be given. Only it would be better to intimate the landlord so he may find new tenants if he wants to further rent his property.


    Make love to life before it divorces you.

  • Whenever an agreement is made between a tenant and owner, there is the provision of termination clause and this clues binds both the tenant and owner. As your friend is not in a position to locate the same, it appears quite surprising but in this case you agreement has to be examined by some law - expert and even you may seek his advice for the best recourse to be taken in such a case.
    Your friend may meet his owner and should make a frank discussion what amount of payment should be made prior to his exit from the apartment. Hardly it should not exceed beyond the rent of two months and payment should be made accordingly.
    You can also draw his attention regarding the omission of termination clause in the draft making you free from such agreement, he would realise the flaw and you cannot be charged any amount for your exit in that case.

  • Normally in a rent agreement, the tenure will be 11 months in India. But if both parties agree, can enter in a longer period than that of 11 months. But make sure that the tenure should clearly mentioned in the agreement. The agreement has to mention the lock period, during which both parties can not terminate the agreement.
    In your case, the tenant want to vacate the property before end of agreement period. Usually, the landlord can forfeit the security cheque or advance amount if the tenant wants to vacate the house before the end of the lock-in period. In the case of landlord want to vacate the house before the lock-in period, they have to pay an equal amount of security deposit to the tenant which will be in addition to the security cheque.

    Regards,

    Winners are too busy to be sad,too positive to be doubtful,too optimistic to be fearful and too determined to be defeated.


  • If there is no such clause as the termination of the contract within its applicability time then it means that it is an open position and any party can interpret the absent clause in any way and can terminate it from one side. Only question comes is how much time should be given in such case because it is inconvenient for both parties to abruptly terminate the contract in between. As per general procedure in such matters and other other such agreements a reasonable time of at least a month is all right and both the parties can take benefit of that general understanding. In legal world if nothing is mentioned then common sense and common practices prevail. So I think there should not be any problem in vacating the premises with a one month notice which means that one has to inform one month ahead for vacating it. At the same time mutual consensus is another important thing which supersedes the one month notice thing. So, if both the parties agree the house can be vacated in a few days time also.


    Thoughts exchanged is knowledge gained.

  • Without clause in rental agreement, it is purely on mutual consent. Just tell him to give you one month notice so you can find replacement. Or else tell him to give replacement and vacate whenever new tenant pays you deposit and rent. Do not make complicate as these things are pretty common for owner and tenant. With new tenant add termination of agreement clause to be safe. Hope things are clear. Remember to pay deposit once you verify property.

    Avi
    Life Is Beautiful


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