Rental Property Rental Property

3 years ago

I rented a house in Mumbai. The period of Rent start by 1st of April (As in agreement). Because of the lock-down i cant even move to the rented apartment. Now he is forcing me to pay the rent of the month, there i'm not even started using. If i not pay the rent amount he will cancel the agreement and my deposit money will loose. Help me with an advice.

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
If you have not occupied then you need not pay the rent and he cannot deduct. No use...no pay broad formula...and also read....the following. Please give me Rank 5 if you feel my answer helped you
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Force Majeure Clauses In Contracts
The advent of civilization in human life gave birth to various forms of interactions amongst the individuals. Numerous aspirations have led to passion for monetary superiority and the art of profit making thereby giving rise to business activities. People carry out their business with one another in the form of sale and purchase which may be either for goods or services. In order to maintain cordial relations amongst themselves and ensuring smooth functioning of their business, parties often enter into contracts which bind them on agreed mutual terms and conditions.
Composition of Contracts
The contracts between the parties comprise of various clauses which regulate their responsibilities and conduct for the situations which they can anticipate. However, there arise circumstances which make the performance of the contract impossible. In case such supervening events arise for any reasons being beyond the control of a party, such party may be exempted from performing its due obligations while the contract stands frustrated.
Frustration of Contract
As per Section 56 of the Indian Contract Act, 1872, an agreement to do an impossible act is described as being void. The said provision also relieves a party from the discharge of their duties in event of an intervening act which renders the performance of the contract impossible or unlawful.
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Devesh Tripathi

Responded 3 years ago

A.since lock down is rampant acroos world not only in india and court will have sympathetic view and you will get relief surely from court if your landlord cancels the agreement and you need not to pay right now it is advisory also from government side.
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Naveen Sharma

Responded 3 years ago

A.If the landlord is not convinced with your genuine argument about the current difficult circumstances, then the only option left for you is to 1) Issue a notice asking of the Landlord that in present extraordinary circumstances due to the lockdown you have been restrained from shifting to the premises by reasons which are beyond your control, therefore, to not to charge rent for the said period of lockdown until it is lifted and to not to forfeit the security deposit to the extent of the rent payable for the said period of lockdown from the commencement of the date of tenancy i.e. 01/04/2020 until it is possible for you to shift to the premises after complete lifting of lockdown 2) In the alternative if the said arrangement is not acceptable to the landlord to terminate the tenancy with effect of 01/04/2020 due to impossibility of meeting the mutual rights and obligations under the tenancy agreement and 3) to caution the landlord that in the event the security deposit is forfeited you will be constrained to approach the court for not only seeking reinstatement of the security deposit but also possession of the tenanted premises as the tenant with tenancy commencing from the date the circumstances permit you to occupy the premises as a tenant.
Be prepared that the landlord with forfeit your security and you may have to approach the court for recovery etc.
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Chitra Sundar

Responded 3 years ago

A.There is a recent communication from the Maharashtra Govt that tenants should not be forced to pay rent for the next 3 months. This does not absolve your duty to pay. But this may help you to defer the payment of rent at a later date. You may bring this notice to the attention of your landlord and ask him to defer the payment of rent.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi Jipson,

if you are not going to occupy the house, you may terminate the agreement and seek for a refund.

If you are going to continue, then discuss and settle the issue. Give a good justification that you are paying rent where u r residing now.
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Jagannath S Pawar

Responded 3 years ago

A.Such thing should not happen and even Govt is also lenient towards the tenants due to current situation arisen out of pandemic.
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