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Nehal Mirajkar   06 May 2020

can't vacat the property due to lockdown

Hi,

I have a query, that my property which is rented on heavy deposit with 3 k rent per month, as it heavy deposit rent is low.

So now agreement got over legaly on 30th March (it supposed to be on 30th feb but mistake have been done by the legal team who made agreement, So 30th March it is for now ) and tenant can't vacant the property coz of lockdown. And bad part is tenant was on heavy deposit and 80 percent deposit already paid back and rest supposed to be paid when they vacat which suppose to be on 30th but lockdown happen.

so in this case where tenant still staying and not moving up, do they have to pay rent legaly?

If yes, as I have already paid 80 percent of heavy deposit. can I ask for normal rent as per property value which is around 16k a month?

what could be the right think to do?


Learning

 4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     06 May 2020

Hello Nehal!

Since you are aware that there is a lockdwon in India from 25th March 2020 itself. Now you may look to netotiate terms with your tenant. It is quite possible that the tenant may say that he/she doesnt have much money to pay regular monthly rent at market rate. you may try to close it between Rs. 10000/- to 16000/-.

But ensure that you dont force too much. Just ask for post dated cheque, if the tenenat cannot pay the rent currently.

Regards,

Adv. Rohit Dalmia

Nehal Mirajkar   06 May 2020

Hi, Rohit thanks a lot for your reply. as 25 percent of deposit i still have. can I deduct from that amount at the time of vacant?

regards,

Adv Rohit Dalmia 9324538481 (Lawyer)     06 May 2020

Nehal!

 

You can do it, once you confirm in writing with the tenant. don't do it without taking the tenant into confidence. else there will be a dispute and no landlord is allowed to take undue advantage of the present situtaion.

 

Regards

Adv. Rohit Dalmia

Nehal Mirajkar   06 May 2020

okay thankyou so much

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