Legal Question in Landlord & Tenant Law in India

Hi,

The agreement with my landlord ended on 23rd April, 2014. On 10th April 2014, I gave him a notice that I will vacate the flat on 30th April to which he agreed. The agreement has 3 clauses which are as below:

1. That if the Licensee fails and/or referees to give peaceful vacant possession of the portion mentioned in the schedule herein below on or before the licensee shall be liable to pay the sum of Rs. 900/- per day as and by way of damages to the licensor until recovery of full and vacant possession thereof apart from legal action shall be taken for recovery of possession.

2. That if the licensee and or the licensor desires to terminate this Leave and License Agreement before maturity of the stipulated period from 24th 2013 to 23rd March 2014 the Licensee and or Licensor shall give 30 days prior notice to that effect to either of them.

3. That the Licensor specifically covenants that on expiry of the stipulated period from 24th April 2013 to 23rd March 2014, the Licensor shall not have to serve any notice for revocation of License, which shall be revoked ipso facto.

As I had given him the notice on 10th April and vacated the flat on 30th April, he is charging 10 days extra payment till the 10th May. Please help me if there is any thing I can do on this legally.

The only weak point for me on this is that it is mentioned in the agreement that I should pay the rent before 10th every month, however I had made the payment only in the last week of every month, but without fail.

Please help me if there is anything I can do on this.

Regards,

Jaydeep


Asked on 5/13/14, 2:58 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

13.05.2014

Dear Jaydeep,

Ideally, your Leave and License expired on 23rd April, 2014 and you handed over vacant possession on 30th April. 2014. So in keeping with Agreement clause 1. the Licensor (Owner) is legally entitled to recover Rs. 900/- for 7 days only 24.04.2014 till 30.04.2014. However, since you delayed the payment of monthly lease charges by around 25 days every month, it is fair to monetarily compensate the Licensor (Owner) and pay him interest @ 12% per annum on the amount of monthly lease charges for 15 days each month (delay in payment of monthly compensation in the last week of the month instead of the 10th) for all the 11 months in turn for requesting him not to recover Rs. 900/- per day for 10 days from you.

Regards,

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Answered on 5/13/14, 3:59 am


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