Hi,
My father-in-law entered into a lease agreement on January 1, 2021 with a landlord. He has given a refundable security deposit of INR 1,00,000, with monthly rent of INR 30,000. There is a lock-in period of 6 months under the agreement.
We have paid 3 months rent on time. However, of-late, we are getting inconvenienced by the landlord, as he is sending people to see the flat, since he intends to sell it. Moreover, since it is COVID time, it becomes very difficult for us to allow outsiders in the flat. He has also not paid the past society dues of INR 40,000. Since he is intending to sell the flat, we want to move to some other rented accommodation, as we dont know what will happen if a new owner comes.
We have also got to know that the landlord has not returned the security deposit to the previous tenant, till now.
We had a discussions with him regarding this and we asked him to refund our deposit, as it is becoming difficult for us to continue, as he is sending people to see the flat (sometimes he lies to us that bankers are coming to inspect, however, they turn out to be prospective buyers). he has refused to refund the deposit and we are certain that even after the expiry of 6 months lock-in, even of we give him notice of 1 month to vacate, he will not refund us the balance amount.
Hence, we have requested him to adjust the balance monthly rent of April, May June i.e. INR 30,000 per month from our deposit of INR 1,00,000, which we verbally agreed during our meeting. However, I doubt his intentions.
Hence, I request the eminent lawyers to kindly advise me the following:
1. Whether we are well within our rights to ask for discontinuation of lease (inspite of lockin period of 6 motnhs), since we are getting inconvenienced by him, as he is sending people to see the flat (with COVID cases surging rapidly in Mumbai, and my mother in law being over 90 years of age, and thus at great risk).
2. Since it is Certain that he will not return the deposit (since he is under financial stress), we have asked him to adjust the monthly rent from deposit. The agreement does not state when the deposit will be returned.
Request your kind views on the above issue.
Regards
Varun Talwar
Banker
COVID-19 is a peculiar situation where lock-in period can be waived under the force- de majure covenant of the rent agreement.
It would be appropriate to consult a local prudent lawyer for appreciation of facts /document, professional advise and necessary proceeding.
