Rent agreement terminated by landlord in a week causing loss of investment made

Tilak Marg Forum for Legal Questions Forums Property Law Rent agreement terminated by landlord in a week causing loss of investment made

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    • #3831
      Anonymous
      Guest

      Hello Sir. I am the owner of a students’ library in North Campus, Delhi. Recently, I took another flat on rent and had an agreement with the owner of the said flat so that i can construct a library on the same. Within one week of signing into the agreement with the landlord, I purchased furniture worth 8 Lac Rupees and started moving into the said flat. Today, the landlord calls me up and tells me that due to certain reasons he will not be able to let out the flat to me and so he tells me to vacate the premises within one month’s time (as per our agreement one month’s notice was required). I had bought customized furniture for the flat and I am at a loss of 8 Lac Rupees. What action can be taken due to this irrational and arbitrary behaviour of the landlord? The agreement was signed for a period of 3 years. Please help me. Thanks.

    • #3876

      Firstly, it is not clear whether there was a minimum lock-in period (say, one year or six months) mentioned in the rent agreement during which the agreement could not be terminated even by one-month notice. If so, then the action of the landlord would be in violation of the same and you cannot be forced to vacate the premises during the minimum lock-in period.

      Secondly, it is not clear whether it was mentioned in the rent agreement that you would be spending as much as Rs. 8 lakh (or any other similar amount) for furniture and fixtures, including customized furniture for the said flat. Whether there was any clause in the agreement to the effect that if the landlord asks you to vacate the premises in an unreasonable manner within a short time then he had to compensate for your loss? In fact, if it was intended that you would be spending such huge amount, then it was advisable that you should have insisted for a minimum lock-in period which would have enabled you to recover your investment at least to a reasonable extent.

      If there is no minimum lock-in period and if the landlord has given you the notice of one month as stipulated in the agreement, then he may be legally right. You may have to contend that due to this unreasonable behaviour, you are suffering losses, more so if the furniture was purchased with the specific permission or knowledge of the landlord. You may consult some local lawyer by showing him full details and explore possibility for challenging the landlord’s action, and claim specific performance or damages. However, it all depends on the terms of the rent agreement which I have not seen.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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