623+ Lawyers are online 
Covid 19 Tenant Vacating during Lock In period
03-Jun-2023 (In Property Law)
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
Dear querist,
Yes, you can file a case for lock-in period and yes, you can let out the shop to any other party provided, you did not mentioned it in your prayers that you are providing the tenant option to follow the agreement and complete the agreement. Recently, Delhi High Court judgment as its obiter dictum has specified that different factors need to be considered while determining the rent payable as a liability as per agreement.
Since, there is no force majure clause the tenant cant evade to either complete the lock-in period or pay the amount mentioned in the agreement.
Yes, you can file a case for lock-in period and yes, you can let out the shop to any other party provided, you did not mentioned it in your prayers that you are providing the tenant option to follow the agreement and complete the agreement. Recently, Delhi High Court judgment as its obiter dictum has specified that different factors need to be considered while determining the rent payable as a liability as per agreement.
Since, there is no force majure clause the tenant cant evade to either complete the lock-in period or pay the amount mentioned in the agreement.
Helpful?
Adv. Yuganshu Sharma
Delhi | 400+ Answers
Chat
Hello, i have perused your query.
In these circumstances, regardless of the covid 19 situation you have a right to take a legal recourse for violation of the agreement I.e. the lock in period. The said action can be taken by virtue of filing a civil suit for the same.
Also, you can let out your shop again by obtaining an interim order for the same in that same suit for specific performance.
For any further information feel free to reach out to us.
In these circumstances, regardless of the covid 19 situation you have a right to take a legal recourse for violation of the agreement I.e. the lock in period. The said action can be taken by virtue of filing a civil suit for the same.
Also, you can let out your shop again by obtaining an interim order for the same in that same suit for specific performance.
For any further information feel free to reach out to us.
Helpful?
Adv. Love Kumar Soni
Goa | 200+ Answers
Chat
The rent is to be paid for the lockdown period though it is between you and your tenant if you guys enter into a some settlement mutually for lowering the rent or as you may think right for the lockdown period. Further if there is a lockin period in the agreement then the tenant has to pay for the lockin period and if you give the property on rent during that lockin period then you can at max claim the loss of income or loss of rent which might be the difference of the rent taken from him and from the new tenant.
Helpful?
Adv. Harshit Jain
Delhi | 100+ Answers
CONTACT NOW
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
