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Tushar Bansal   03 June 2020

Not allowed to vacate premises

Hi, I took a property on rent last year. Due to covid-19, I am not ale to occupy this for almost 3 months now. In the near future, I can foresee my self not going back to the rented propoerty. Due to this reason, I gave a notice to the landlord. However, my landlord is saying that the society won't allow packers and movers to enter the society. 

My question is that can I challenge my landlord on the rent they are charging? Or do I need to pay the full rent? I have offered to bear half rent till the restrictions relax.



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 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 June 2020

Originally posted by : Tushar Bansal
Hi, I took a property on rent last year. Due to covid-19, I am not ale to occupy this for almost 3 months now. In the near future, I can foresee my self not going back to the rented propoerty. Due to this reason, I gave a notice to the landlord. However, my landlord is saying that the society won't allow packers and movers to enter the society. 

My question is that can I challenge my landlord on the rent they are charging? Or do I need to pay the full rent? I have offered to bear half rent till the restrictions relax.

 

1. IF you have taken "property on rent last year" THEN you are bound by law to pay the entire rent till you duly vacate or surrender the premises. There is no exceptions to this and the Supreme Court has upheld this in its latest judgment.  At the most you can defer the payment of Rent, BUT after lockdown period is over, you become legally liable to pay outstanding rent.

2. TRY to settle amicably with the Landlord, since nothing favourable is going to come out in your favor, during legal dispute.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Tushar Bansal   03 June 2020

Thanks Hemant. 

I am ready to vacate the house, but the society is not allowing me to move out. What happens in such a situation.

KISHAN DUTT KALASKAR (Advocate)     03 June 2020

Society cannot do like that without assigning any reason. You may appraoch the following.

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https://www.icrpc.org/icrpc.org.contact.htm

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How To Register a Complaint Against Housing Society

Tushar Bansal   04 June 2020

Thanks for replying. 

The reason that they are giving is that they might carry infection and put everyone on risk. By that logic, I can only take my stuff out when the covid risk is zero. Not sure if that is a reasonable comment to not allow me to take my stuff.


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