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Clarification on payment of rent before vacating flat


18-Dec-2023 (In Landlord/Tenant Law)
My rental agreement is of 11month but I want to vacate before and I informed to the owner that I want to vacate in between the end of month.do I need to pay full month amount?
Answers (1)

Answer #1
870 votes
You are knowingly violating the terms of rent agreement.
Any person who violates terms of mutually agreed agreement then he is liable for penalty.
Lease and License Agreements are designed to escape restrictive regulations, all terms are governed by agreement between landlord and tenant. Aside from the most basic condition that the tenancy is only for 11 months, everything must be stated in the contract. A tenant can be a contractual tenant or a statutory tenant. A contractual tenant is someone who occupies the premises and is entitled to the possession of the premises during the term of the contract. While a statutory tenancy comes into existence where a contractual tenant retains possession after the contract is terminated.

In India, across states, we have heard of numerous instances of harassment either by a landlord towards the tenant or vice-versa. This article aims at offering information about the rights of tenants and how they can protect themselves from a troublesome landlord.
A tenant has the right to a house that is fit to be lived in. Unsafe conditions, such as holes in the floor, plaster coming down from the ceiling, bad wiring, and the like are considered unfit. It is the landlord’s responsibility to see that the house meets the minimum standards of accommodation.
As per the law, a tenant should be fully informed of all the contents, terms and conditions of the contract and only upon the consent of the tenant can the agreement be signed by both the parties which then becomes a valid document.
Both the parties will have to maintain a copy each of the agreement all the time. The tenant is also entitled to have appropriate contact information (telephone numbers, email addresses, postal addresses, etc.) and the landlord can be contacted at any point of time.
The tenant has the right to privacy. The landlord cannot walk into the house without prior permission or information unless there is a true emergency like a fire or a flood in the bathroom.
It is considered unlawful for a landlord to disconnect essential services such as electricity and water or restrict a tenant from using common amenities for recovery of rental dues or for other reasons. If a landlord executes any such brutalities, the tenant can approach the Rent Control Court to restore essential services and act against the landlord.
If the landlord harasses the tenant by asking to evict the premises without any lawful reason and fails to accept rent, the tenant can first issue a notice in writing to the landlord, asking for details of a bank into which the tenant can directly deposit the rent to the credit of the landlord. If the landlord fails to respond, the rent can be sent via money order to the landlord. If this attempt to pay the rent also fails, the tenant must immediately file an application before a Rent Control Court to deposit further rents in court.
As far as eviction is concerned, the landlord would have to file a petition before the competent Rent Control Court to seek eviction of the tenant. Under the Rent Control Act, landlords can evict tenants only under specific grounds, which include willful default in rent payment, subletting without the prior consent, causing nuisance or when the landlord himself requires premises for personal occupation.
The tenant is entitled to reimbursement for any repairs that he/she carries out that are the landlord’s responsibility.
The tenant is entitled to have visitors to stay overnight or for short periods, unless specifically forbidden in the tenancy agreement. The landlord must be informed if the tenant has an extra person moving in.
The tenant is entitled to a certain amount of notice of the termination of tenancy.
The landlord must return the deposit to the Tenant at the end of the lease term with interest set by a statute.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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