Lock in period
4 months ago
Hi!
I had a small question.
Recently terminated from their job and facing financial constraints, the individual, residing in Gurgaon, is in a property with a 6-month lock-in period as per the rental agreement. Having lost their job in the 4th month, they've been paying rent until now but wish to vacate due to the inability to cover the next 2 months' rent. The landlord, holding a one-month security deposit, insists on payment for the remaining two months. In this situation, what actions can the individual take?
Does section 56 of contract act applies in such situation? Can i claim security back?
A.Dear client,
The terms of the agreement are to be studied. Consult an advocate for the same.
Generally,the landlords deduct the expenses / damages made by the tenant from that security deposit.
As per your agreement if you had the liability to pay for 6 months as a lock period, then you have to pay or else the terms of the tenancy is being violated.
Mutually, you can solve the same keeping aside the agreement, if both the parties agree
The terms of the agreement are to be studied. Consult an advocate for the same.
Generally,the landlords deduct the expenses / damages made by the tenant from that security deposit.
As per your agreement if you had the liability to pay for 6 months as a lock period, then you have to pay or else the terms of the tenancy is being violated.
Mutually, you can solve the same keeping aside the agreement, if both the parties agree
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A.Dear client
Check if your rental agreement specifies a notice period that you are required to provide before vacating the property. This is typically mentioned in rental agreements and can vary. Section 56 of the Indian Contract Act deals with the doctrine of frustration. In certain situations, a contract may become void if it becomes impossible to perform due to an unforeseen event. However, the application of this section can be complex. Communicate with your landlord about your situation. Explain the financial constraints due to job loss and inquire if they would be open to negotiating the terms, such as accepting the one-month security deposit as the settlement for the remaining two months.
Check if your rental agreement specifies a notice period that you are required to provide before vacating the property. This is typically mentioned in rental agreements and can vary. Section 56 of the Indian Contract Act deals with the doctrine of frustration. In certain situations, a contract may become void if it becomes impossible to perform due to an unforeseen event. However, the application of this section can be complex. Communicate with your landlord about your situation. Explain the financial constraints due to job loss and inquire if they would be open to negotiating the terms, such as accepting the one-month security deposit as the settlement for the remaining two months.
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A.Dear Client,
Section 56 of the Indian Contract Act deals with the doctrine of frustration. Section 56 has three limbs, under the first limb, it declares an agreement to do an act impossible in itself as void. Under the second limb, it renders the contract void on account of a subsequent event that the promisor could not prevent, thereby rendering the performance of the contract either impossible or unlawful. Under the third limb, the promisor is fastened with the liability of payment of compensation to the promisee for the loss suffered by him, if the promisor knew or with reasonable diligence, he might have known which the promisee does not know, that performance of the contract would be impossible or unlawful. As per Section 31 of the Indian Contract Act, Contingent contracts are contracts that are dependent upon the happening or non-happening of the uncertain future event. In other words, the right created under Contingent Contracts may be one which parties agree shall be enforceable only on the happening of some future event, as to which neither of the parties makes any promise and which is, therefore collateral to the contract, its import being merely to mark the moment at which a right created by the contract becomes enforceable. The applicability of Section 32 or Section 56 of the Indian Contract Act, 1872, hinges upon the fact as to whether the parties have contemplated the liabilities arising out of the occurrence of the change to an existing situation/event or not. But in the absence of any clause explicitly contained in the rent agreement you can not claim its enforcement in the present situation. A dispute between a tenant and landowner is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. So, in the prevailing situation, you can file an application explaining your grievance before the concerned Rent Controller to resolve the issue amicably.
Section 56 of the Indian Contract Act deals with the doctrine of frustration. Section 56 has three limbs, under the first limb, it declares an agreement to do an act impossible in itself as void. Under the second limb, it renders the contract void on account of a subsequent event that the promisor could not prevent, thereby rendering the performance of the contract either impossible or unlawful. Under the third limb, the promisor is fastened with the liability of payment of compensation to the promisee for the loss suffered by him, if the promisor knew or with reasonable diligence, he might have known which the promisee does not know, that performance of the contract would be impossible or unlawful. As per Section 31 of the Indian Contract Act, Contingent contracts are contracts that are dependent upon the happening or non-happening of the uncertain future event. In other words, the right created under Contingent Contracts may be one which parties agree shall be enforceable only on the happening of some future event, as to which neither of the parties makes any promise and which is, therefore collateral to the contract, its import being merely to mark the moment at which a right created by the contract becomes enforceable. The applicability of Section 32 or Section 56 of the Indian Contract Act, 1872, hinges upon the fact as to whether the parties have contemplated the liabilities arising out of the occurrence of the change to an existing situation/event or not. But in the absence of any clause explicitly contained in the rent agreement you can not claim its enforcement in the present situation. A dispute between a tenant and landowner is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. So, in the prevailing situation, you can file an application explaining your grievance before the concerned Rent Controller to resolve the issue amicably.
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