You have shifted to a nice apartment or a flat a few months back and have drafted the rent agreement for the typical 11-month term. However, due to some unprecedented event or an opportunity or some other reason, you need to move to another city or locality. What would you do?
NEW DELHI: You have shifted to a nice apartment or a flat a few months back and have drafted the rent agreement for the typical 11-month term. However, due to some unprecedented event or an opportunity or some other reason, you need to move to another city or locality.
What would you do? What do you think will happen if you decide to move out of a rented property before the fixed time-frame concludes?
Can you leave a rented flat/house before the stated term?
In point of fact, that entirely depends on your landlord until your tenancy agreement incorporates a 'break clause'.
A 'break clause' is something that states conditions vis-a-vis the circumstance such as when a tenant wants to leave the flat/house before the term of agreement gets over or when the landlord asks the tenant to move out.
Here are some potential possibilities:
1. Mutual consent
The best scenario is when both, the tenant and the landlord, are on the same page on evacuation. This means that your landlord is okay with you leaving the property early and there is no confusion or clash of any sort.
However, as a tenant, you would have to give a notice period of at least 30 days or the term that the Rent Control Act of your locality or your state enforces.
Tenants, who have maintained a good rapport with their landlords can also move out immediately by explaining a genuine reason.
2. Following the termination clause
Another alternative is to simply follow what's written in the termination clause of your rental agreement.
A termination clause legally obligates both, the tenant and the landlord to do what's written in the rent agreement.
Therefore, if the termination clause in your rental agreement states that either party has to provide a 2-month notice period, both parties are legally bound to do so.
3. Evacuating immediately
As a tenant, let's say you cannot wait for the agreement term to get over.
In such cases, tenants can immediately move out by paying up the rent for the notice period (without staying in the rented house).
If the landlord asks for a few months' rents plus additional charges that are already stated in the rental agreement, the tenant has to pay that sum.
Again, if both, the landlord and the tenant agree on evacuation without notice, there is no friction for it.
In shorter notice cases though, the landlord may request some time to refund the deposit.
4. Owner decides
For the most part, it all comes down to your landlord. Apart from the rental agreement's clause, if the owner decides what happens in the event of the termination of the rental agreement.
In some cases, the landlord may agree without any hassle while in other situations, the tenant might have to pay the rent for the notice period or the lock-in period or for the remaining term (whatever is stated in the rent agreement).
So,
Can you evacuate a flat before 11 months?
Yes, you can do so; meeting certain conditions though.
Go through your rent agreement carefully and see what clauses regarding premature termination or lock-in epoch are jotted.
You can always have a civilized conversation with your landlord explaining why you have to move early.
Serve the notice period or pay up for the same if you look to evacuate immediately. In other cases, you can simply notify your landlord that after the notice or lock-in period you will move out.
