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abhinav yadav   06 May 2020

delhi rent problem

hello sir ,I am a student of delhi university and live in delhi. i booked a room for living six months ago.I lived in room for 6month and due to some problem i want to leave the room.I told my intention to landlord at1st march that i want to leave the room according to rent agreement at1aprail .in pursuance of this i took a new room at another place at20 march but i failed to leave the because of covid19 .my all things are packed .From7march i am at another place but my goods are in my old landlord room.what i can do for escaping my liability to pay rent to my old landlord?


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 7 Replies

Dr J C Vashista (Advocate)     07 May 2020

Vacate and hand over physical possession of the room and the request the landlord to forgive.

No legal issue/ dispute is involved in the post for consideration and obligation of experts.

G.L.N. Prasad (Retired employee.)     07 May 2020

This is your query: What i can do for escaping my liability to pay rent to my old landlord?  

You are accepting the liability, and wanted to escape from that obligation and seeking the way to escape from such legal liability.

It depends on the landlord and your conversation /understanding in between both landlord and tenant through phone during this COVID-19.

P. Venu (Advocate)     07 May 2020

Yes, the matter is at the discetion of the landlord.

Real Soul.... (LEGAL)     07 May 2020

You just request your landlord and ask him to pardon the rent for keeping the room occupied, hand over the vaccant posseion to him

abhinav yadav   08 May 2020

sir ,according to me my agreement to live in the room has been ended at 1st April and I had told him my intention to vacant the room at 1st march. second thing which is for consideration is that we failed to handover physical possession only because of some supervening circumstances.in this situation whether provision of contract act will apply or not?another point at which I want clearance is that as the government has order not to take rent from tenant.whether it can be a legal point?

P. Venu (Advocate)     08 May 2020

All the instructions issued by the Government are in the nature of advisories devoid of any legal or rational basis.

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G.L.N. Prasad (Retired employee.)     08 May 2020

Your specific response was

a)What we failed to handover physical possession only because of some supervening circumstances.in this situation 

b)whether provision of contract act will apply or not?

c)another point at which I want clearance is that as the government has order not to take rent from tenant.whether it can be a legal point?

It is just a common sense that no one should suffer and the status quo as prevailing before such circumstances should prevail.

The landlord need not suffer for any of his default/negligence, and the tenant never tried to individually talk to the landlord and used such an unfortunate incident to avoid/evade rent payment.  The law can not support those individual cases and in those cases where there is commercial interest and huge amounts are involved the rent payment can be deferred through mutual discussion in case of those who continue to occupy the premises.  But in your case, you have already taken other premises and continued the occupation of the old premises also, never discussed or sorted out the issue with landlord and never made any attempt to take away belongings though there is such a possibility and your efforts are not reflecting.

It is between you and your landlord and as of now there is no litigation and who succeeds in the case depends on those circumstances and on the final decision of the court, if you go to the court to evade such lease rent..  The court may also look into financial background of the tenant and landlord also.  


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