Covid 19 Tenant vacating during Lock-In period
3 years ago
Religion is Hindu both Landlord and Tenant
I had rented out my commercial shop in February 2020. We have a registered agreement which states that there is a lock-in period of 24 Months. We don't have any force majeure clause in our agreement.
Due to Covid 19 my tenant has decided to vacate the shop after 2 months that is in August. He is ready to pay rent till August.
I want to know what are my options in this case? Even if I sue him for Lock-In period what will be the result in this scenario of Covid-19? Also after filing a case for lock-in period can I let-out my shop to other party before the final jugdement?
Thank You
Pradeep Naik
Responded 3 years ago
Even if the "force majeure" clause is not there in your agreement, it applies to every contact. Your tenant can have the benefit of this Covid19 situation and repudiate the contract. Filing case and renting the premises to another person simultaneously, is not possible. So if your tenant is giving you the full rent up to the the date he hands over the possession to you, then you should no indulge in the legal proceedings, it shall be fruitless.
The courts will take long time. Just accept his offer and rent out to any other tenant.
Further it is two or three tier system and you have to make rounds to the courts.
Please give me Rank 5 if you feel my answer helped you.
Tanvi Shethia
Responded 3 years ago
I understand there is no force majeure clause and there has been a breach of the lock in period clause, but if you see it pragmatically, it's wiser to just take the license fees until August and let the tenant leave.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Rameshwar Dadhe
Responded 3 years ago
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