Can We Break Rent Agreement?

 Renting an apartment or home is a common housing arrangement in India. However, there may come a time when a tenant wants to break their rental agreement and move out before the contract period is up. In such cases, can a tenant break their rental agreement in India?

Under Indian law, a rental agreement is a legally binding contract between a landlord and a tenant. This means that both parties are expected to uphold the terms of the agreement, including the duration of the tenancy and the amount of rent to be paid.

However, we highly recommend you not to break your rental agreement and stay in your rented apartment till your rent agreement expires. But what if the rent agreement is expired? You just simply need to renew your rent agreement with mutual understanding with your landlord.

How Can We Break Rent Agreement without Facing Legal Action?

However, there are certain situations in which a tenant may be able to break their rental agreement without facing legal consequences. These include:

  • If the landlord has not maintained the property in a habitable condition, the tenant may be able to terminate the agreement and move out without penalty. This is because the landlord is required by law to provide a safe and livable property for their tenants.

  • If the tenant is a victim of domestic violence, they may be able to break their rental agreement without penalty. This is because the law recognizes that victims of domestic violence may need to move out of their home for their own safety.

  • If the tenant is a member of the armed forces and is being deployed, they may be able to break their rental agreement without penalty. This is because the law recognizes the unique circumstances faced by members of the armed forces and allows them to terminate their rental agreements early in certain situations.

Also read - What document are required for rent agreement and  Importance of real state in india an overview

It is important to note that in order to break a rental agreement without facing legal consequences, the tenant must follow the proper legal process. This typically involves giving the landlord written notice of their intent to terminate the agreement and providing a valid reason for doing so. The landlord may then choose to challenge the tenant's request, in which case the matter may need to be resolved in court.

Conclusion

While it is generally difficult for a tenant to break a rental agreement in India, there are certain situations in which it may be possible to do so without facing legal consequences. These include situations where the landlord has not maintained the property in a habitable condition, the tenant is a victim of domestic violence, or the tenant is a member of the armed forces being deployed. However, it is important for the tenant to follow the proper legal process and to have a valid reason for breaking the agreement.

Written by Nitesh kumar

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