Notice to landlord
Querist :
Anonymous
(Querist) 26 March 2020
This query is : Resolved
Dear sir....
I run a coaching center in Malviya Nagar Delhi-110017, due to complete Lockdown my centre have closed from 22th March 2020 and it will be remains closed up to 15th April and may be further also.as per govt guide line.
My Landlord regular call me for rent and saying Lockdown is not my problem so at last i have decided to give one month notice for vacant this center because i am unable to understand how much time market will take for complete recover and most of students have already gone to home town.
Please suggest if i gives notice to my landlord for 1 month and notice will be completed upto 20 April 2020 but lockdown will be continue on same time then we cannot vacant ....then landlord can charge next month rent ?
Please suggest
Raj Kumar Makkad
(Expert) 26 March 2020
This is not a legal issue rather of humanitarian. The economy of whole world has gone down and it shall take a long time to get the same revived and this fact should be apprised to your landlord. When the chain of the economy has stopped working and students cannot be tutored in the pesent circumstances, the question of paying the rent on your part is very difficult.
This is a mutual issue. Make amicable settlement instead of vacating the said premises if the same is beneficial for you in the long terms.
Hemant Agarwal
(Expert) 26 March 2020
1. Once you give due Notice of Vacating and vacate the premises, THEN there is no privity of contract left between you and the landlord.
2. Once the above happens, THEN landlord is free to rent it out to any other person or even to you, at a rent rate as per his whims and fancies and you shall have no legal right over his decision.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
SHIRISH PAWAR, 7738990900
(Expert) 26 March 2020
Dear querist,
After one month notice if you don't vacate the premises then landlord can have 2 options against you that he will deduct the rent from deposit and another he may file suit for eviction. Try to amicably settle the issue.
Regards,
Rajendra K Goyal
(Expert) 26 March 2020
If you do not vacate the premises, you have to act as per rent agreement terms regarding rent amount applicable after completion of vacating notice period.
If the rent agreement is mum on these terms, it is the mutual understanding / present rent which would be applicable / payable..
Rajendra K Goyal
(Expert) 26 March 2020
However, it is your personal decision whether you want to continue the center or vacate it. In case you serve notice for vacating and do not vacate the property, rent has to be paid.
Raj Kumar Makkad
(Expert) 26 March 2020
The author has not been given any notice by the landlord rather he wants our opinion whether he should serve a notice to the landlord for the vacation or not.
Raj Kumar Makkad
(Expert) 26 March 2020
Once you give the notice to the landlord intending to vacate then definitely he shall have his right to let his premises rented out to some other person and in that event you shall not be in a position to claim the same premises under the same terms and considtions.
Dr J C Vashista
(Expert) 27 March 2020
If you have decided to vacate the property and issued notice to that effect, what is the option left with the landlord ? Answer is simple and bold "NO".
Either withdraw your notice with consent of landlord or vacate the premises, as decided and communicated by you.
Rajendra K Goyal
(Expert) 27 March 2020
Away from legal advice, problem is for whole of india, you should face with some courage.
You have been earning from the center, if have to be at loss for a month or two, it would be like investment.
Good place of choice for running center may not be available again accompanied with present reputation and goodwill.
Decision is yours.
Rajendra K Goyal
(Expert) 27 March 2020
Legally, if you have made up your mind, go through the rent agreement, serve the required notice if essential and vacate the same after notice period over.
Not advised to wait for any legal step from landlord.
Querist :
Anonymous
(Querist) 27 March 2020
Sir.....I am understand that ....after give one month notice we will have to vacant the premises upto complete of notice period....but notice complete on 18th April and if government extend lockdown further and we will not able to vacant this premises due to lockdown then this situation landlord will be charge next month rent ....
Please suggest advice....I have already suffered loss from 4 month and next time it will create major problem for us.
Rajendra K Goyal
(Expert) 27 March 2020
As advised earlier, this is your calculated risk. Every Business is suffering, you would not be exception for it. If you want to continue with the center / your business, keep the premises. If not, vacate the premises on the first chance when available after sending vacating notice.
Rajendra K Goyal
(Expert) 27 March 2020
If landlord extend its cooperation, he can get your furniture and fixtures adjusted in some small godown in the premises / nearby if possible.
If premises not vacated as promised, Landlord is justified in claiming rent for next month provided Government does not issue any instruction otherwise which may be favorable to you.
P. Venu
(Expert) 27 March 2020
It has been hasty action on your part to serve such a Notice; it would have been sufficient if you had informed the landlord of the constraints because of the present difficult times and left it to him to discretion. He ought to approach the Rent Control Court for any remedial action and if so, the present condition would, in my opinion, constitute a good and sufficient defense.
Raj Kumar Makkad
(Expert) 27 March 2020
In the prevailing situation it shall be better to vacate the premises as a long time shall be required to bring normalcy You may vacate on 15th April, 20 if things permit accordingly.
Raj Kumar Makkad
(Expert) 27 March 2020
As per my personal experience, you can get rented accommodation in the same area on cheaper rates in the coming days as lakhs of people have shifted to their native states and only few of them shall come back.
Raj Kumar Makkad
(Expert) 27 March 2020
Legally you can vacate the premises on the fixed date and can given the vacant possession on that date so that you may not be charged further rent for next month.
T. Kalaiselvan, Advocate
(Expert) 27 March 2020
Your question is that if you are not able to vacate the premises on the stipulated date then will you have to pay the rent for the overlapping month as well.
As per the rental agreement you have to pay the monthly rent for the month and you will be liable to pay rent for the next month if the date crosses over.
The above is under normal circumstances.
T. Kalaiselvan, Advocate
(Expert) 27 March 2020
As on today you seem not have given any notice to the landlord for vacating the rented premises.
Therefore it can be taken for granted that you have one month time from now even if you give notice tomorrow, i.e., till 28th April.
If the situation still continues then you can decide about next course then and dont be in a hurry now itself.
The government announced that not to evict any tenant in arrears due to self-isolating because of the coronavirus.
Querist :
Anonymous
(Querist) 28 March 2020
Thank you to all expert, for given valuable suggestion......
Rajendra K Goyal
(Expert) 28 March 2020
You are welcome, may revert in case of further development.
Sri Vijayan.A
(Expert) 28 March 2020
If you want to vacate the premises, on account of non running of business, please vacate and hand over the vacant possession to the landlord.
If you want to continue the business, after curfew, have negotiation and settle the matter amicably.
Do not complicate the situation by issuing legal notice.
Raj Kumar Makkad
(Expert) 29 March 2020
When you are already suffering losses since last 3-4 months then it is not wise to retain the said premises especially when there is no hope of revival of your work in near future.
Hemant Agarwal
(Expert) 29 March 2020
1. You have actually wasted the valuable suggestions /advise given to you by the various experts, more so due to your infructuous & uncertain frame of mind and further more so due to your intention to retain the tenanted space, without taking into considering the losses that may be incurred to the landlord, for furthering your own objectives. AVOID such selfish things, since it sets a bad social & business precedent and hurts others too.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Rajendra K Goyal
(Expert) 29 March 2020
Agree with the expert Hemant Agarwal, firm mind, proper planning and prompt decision increase chances of success and minimise risk of losses.
Decide immediately and proceed.
Raj Kumar Makkad
(Expert) 29 March 2020
Uncertainty is prevailing all over World then how to blame only to the author? None seems to take firm decision in the prevailing circumstances. Firm and prompt decisions of brilliant persons completely become fail.
Let the author be allowed to decide peacefully.
Rajendra K Goyal
(Expert) 30 March 2020
There may be uncertainty, till there should always be scope for prompt decision to arrive at the goal.
The author has been properly guided / advised, it is he to take decision as per his needs.
