Tenant wants to break the lease agreement before moving in
3 years ago
Hi Sir/Madam,
My tenant and I (landlord) had the rental agreement signed on April 15th 2021 (through online portal - Leegality) and that the tenant moves in from May 1st . However due to some personal reasons, my tenant has decided not to move and break/cancel the agreement (on 26th April). I told my tenant that I would start looking for new tenants, and ready to cancel the agreement and also mentioned her that if someone agrees to move in before may 1st - then I would refund the entire security amount, otherwise it is proportional. Our notice period is for 2 months.
Now the tenant claims that I had to refund the entire security amount because she decided to cancel the agreement before the move in date.
I would request you to provide more details on what rights landlord and tenant have in this case. And what is the better solution to this issue
Ankur Goel @ Complete Law Shield
Responded 2 years ago
Who is she to decide to cancel agreement ?
dont do proportional.
2 months notice have to be served by her.
teach her how to cancel.
The reasonable is you can deduct one month rent.
Sidhaarth
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
The return of security have to be done according to the agreement made between the parties. Still it is a right of tenant to take securities back. It is on your desecration to keep some amount and return the rest security.
The return of security will be according to the agreement signed. If there is no such clause mention in agreement then you might take some amount and return the maximum amount as they cancelled the agreement before due date and you still had time to find new tenants.
Abishek Rajmohan
Responded 3 years ago
You can deduct 2 months' rent from the deposit and return the remaining or wait till you find a new tenant, and then deduct a month's rent if you have faced any financial difficulty due her decision of not moving in as agreed upon.