The question arises as to whether a licensee`s claim for 33 months` rent in the illustration above is legally valid. The Indian judiciary has clearly ruled in several cases that such a claim is invalid. The injured party is only entitled to compensation or damages, which will be assessed by the court itself on the basis of the actual harm suffered by the party as a result of such a breach. Even if there was a threshold clause, you can also only claim a reasonable loss and compensation that you have suffered, and you cannot claim an amount for the entire period. This is a clear position of the law, which is regulated in many cases. So, in my opinion, deduct a reasonable amount from the deposit with the rent and repay the rest of the amount to the tenant and solve the problem. If you opt for even a specific performance of the contract, the court will only award the damage actually caused. The terms of an agreement that prescribe a period within which one of the parties or one of the parties cannot terminate the contract are called a lock-in clause. If a contracting party terminates the contract within the blocking period, such a clause claims that the infringer must pay the rent for the remainder of the lock-up period, although he would no longer use the licensed premise following the termination of the contract. It is very important to specify a lease term in the lease. Any mistake in this regard can be very costly for the owner. If you are renting a residential property, you must enter into a vacation and license agreement with an 11-month lease.
This rental period may be longer in the case of a factory, an office building, a shopping mall or a movie theater. The remittance of the amount of the advance after 2 years is not justifiable in the eyes of the law. So, better, you will repay the amount of the advance after deduction of rent arrears. If you hold during the lock period, it can be erased or not. Illegal profit is limited by law. A: The blocking period is only valid until the end of the holiday and license agreement. The blocking period may not exceed the duration of the holiday and license contract. Technically, a holiday and license agreement is only valid for the period of 60 months (i.e. 5 years) and therefore the blocking period for the entire vacation and license agreement must not exceed 60 months (5 years).
The repair clause must be clearly specified in the rental agreement. It must be said who will be responsible for the repair. It should also be indicated within what period the resident is responsible for reporting damage for repair. Also clarify the lock-in period during which neither the tenant nor the landlord can terminate the contract and make sure that it is also mentioned in the agreement. «The agreement should clearly state the consequences of termination by either party before the lock-in period expires,» said Rajat Malhotra, a partner at Laware Associates, a Delhi-based law firm. If the tenant has to leave the house before the end of the lock-up period, the landlord`s deposit usually expires. If the landlord wants the house to be vacated before the end of the lock-up period, he must compensate the tenant by paying an amount equal to the deposit in addition to the actual repayment of the deposit. The lease must include a clause prohibiting the tenant from causing noise, illegal acts and nuisance to neighbors. It should also indicate what measures will be taken in these circumstances. I hope you know what the lock-in period is in the rental agreement.
3. In this case, it is you who terminated the contract due to a failure to pay by the tenant. As a general rule, if the tenant terminates the contract during the blocking, he will be required to pay the rent during the entire lock-up period or as agreed in the contract In the event of a dispute, unregistered leases will not be considered by the court as the main evidence Ans: Both parties have agreed to set a lock-up period of __months in which neither the licensor asks the licensee to: to leave the premises, the permit holder may not leave the premises himself during the blocking period. If, notwithstanding this mandatory clause, the Licensee leaves the premises for any reason, it must pay the Licensor the rate agreed in the contract for the remaining blocking period. On the other hand, the Licensor must compensate the Licensee for the loss and inconvenience caused to the Licensee if he has been asked to leave the premises. Jurisdiction over dispute resolution should be clearly defined in the lease. This is useful in disputes between the landlord and the tenant. The rental/rental period refers to the total duration of the agreement between the tenant and the owner. It can take up to 6 months, 1 year, 2 years and so on.
4. You can adjust the deposit by deducting the unpaid rent with the agreed interest until the tenant gives you the free ownership of your apartment A lease must clearly indicate the termination clause and the notice period. The termination clause must be bilateral and stipulate that either party may terminate the contract for any reason. .