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Are lock in periods enforceable in tenancy agreement?

Querist : Anonymous (Querist) 21 June 2011 This query is : Resolved 
Hi,

I have rented a flat in Mumbai where the lock in period is 6 months and I need to give one month notice after 6 months. So effectively, I cannot vacate the flat before 7 months from the agreement start date.

Could you tell me if these lock in periods are enforceable in court? If I want to give a one month notice right now (its been 3 months till now), can I do so without forfeiting my deposit?
Devajyoti Barman (Expert) 21 June 2011
There is nothing called lock in period in the eyes of law.
The parties to the agreement are bound by its terms and conditions.
So if the re is a clause then both of you are bound to abide by it.
I any case after six months to evict the tenant the landlord will have file a suit for eviction.


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