Table Of Content
- Can I leave a Rented Property Early?
- What are the Reasons to Terminate or Cancel the Rental Agreement?
- How can I Cancel the Rent Agreement?
- How to Cancel a Registered Rent Agreement?
- How can I write the letter to cancel the Rent Agreement?
- Frequently Asked Questions
A Rental Agreement is essentially a legal contract that both parties must sign before the owner will agree to let the renter use a property for a given length of time. The Landlord may increase the rent or change the terms of the Lease by giving the Tenant prior written notice.
In contrast to a lease, the landlord in Rent is the one who offers his property for rent, and the tenant is the one who will reside in the rental property. Hold Up! Not all rental agreements are completed, there are many which get canceled as well. Yes, you heard it right. Rent Agreement Cancellation does happen but for more keep scrolling:
Can I leave a Rented Property Early?
At this time the maximum number of people live remotely on the Rented place. The reasons might be tons which we will discuss later. Now what main focus is ‘Can we cancel the Rent Agreement?’. So Yes you can. No tenant wants to live in a place where he/she has to take all responsibility. No cooperation comes from the side of the Landlord and the same vice versa situation goes with the Landlords. If constant trouble occurs from the side of the tenants then the Landlord is liable to ask them to move out.
What are the Reasons to Terminate or Cancel the Rental Agreement?
Now let us throw some light on the reasons why rent agreement cancellation takes place. The following are-
Point of View of the Landlord to Discontinue Rent Agreement
- Delay in Payment: Delaying in rent payment is a major reason why the landlord can tell you to vacate the house and get the rental agreement cancellation done.
- Damage of the Rented property: When you damage the property which is irreparable in the mid of the duration of the Agreement then the landlord is liable to discontinue rental agreement with you. Though in many cases the owners prefer to cut off your security amount but sometimes they do the termination of rental agreement.
- Breach the Agreement: This is also one of the few reasons for asking the tenants to vacate the house. Breaching agreement clauses, the clauses that are mentioned in the rent agreement are legally bound because they should not be breached out by any of the party members. Not taking notes on these things from the tenant’s side can put him/her in a chaotic situation which can lead the Landlord to cancel the rent agreement in India.
- Caught in any illegal activity: Many times the background check of the tenant comes out clean but in the duration of the agreement they are caught in some kind of illegal activity which leads to many uneasy events and forces the landlord to take legal action and then get them to vacate the house. Therefore we highly recommend police verfication for rent agreement of your tenent.
Point of View of the Tenant to Cancel Rent Agreement
- Unsupportive landlord: There are landlords who promise of installing basic amenities into the property after the rent agreement is signed but after that, they don’t. They keep skipping the installation time. Giving out a semi-furnished flat and not even installing the basic amenities which is the right of the tenants. Quite irritating right? Even the penny for the tank of water, rented geyser and Washing machine is also going out from the pockets of the tenants which they didn’t even sign up for. In these situations, a tenant is liable to vacate the house and also for rent agreement cancellation.
- Continuous reminders: If tenants are facing issues regarding the property then it is the responsibility of the landlord to solve it for them. For example, you are living in a flat where due to the swollen floor the tiles got broken so you will be asking the landlord to get it fixed since it is not the tenants’ mistake. For the past four months, you have been asking your landlord to come down and see this by himself and get it fixed ASAP. But your landlord keeps skipping and is not taking any action regarding it.
There are a few complaints that almost every tenant has with the maintenance. However, they ask for the landlord’s mail every time, here the owner gives a hard time to some tenants. These are also situations where a tenant would want to vacate the house and cancel the rent agreement.
You can go through our detailed blog on evict a tenant without rental Agreement In India?
How can I Cancel the Rent Agreement?
When you go with the general public then you just need a solid reason to cancel the rent agreement. But in the eyes of the law, you have a whole lot of rent agreement cancellation processes.
In layman’s way, all you need to do is pack your things and leave but no that is not an appropriate way if you came into an agreement with the owner of that Rented property. You can end up behind bars for breaching the agreement. If you try canceling it in the wrong way. Moreover, as for the rent agreement cancellation charges, there’s no cost that you need to pay. It is all free of cost.
How the Landlord & the Tenant can Discontinue the Rental Agreement?
Frustrated from receiving delayed payments and from giving continuous reminders. You simply need to take this thing to the next level ahead if neither parties are cooperative.
Send a ‘Legal notice’ to the other party. A legal notice for a lease termination agreement is a warning given by one party to another party that the other party has violated the conditions
In this case, it is required for one party to provide the other party with legal notice. One explains in detail how they have been unable to uphold the requirements of the Agreement through this. This is the first and most important step in terminating a lease between parties.
Points to be considered in the Rent Agreement Termination
- Name of the parties, address of the parties.
- The date of commencement of the legal notice by the party.
- Mention the main clause why this legal notice has been brought up.
- Other points also be kept while the rent agreement cancellation process is going on:
- Each and every prior correspondence concerning the breach of the lease agreement.
- The lawyer must properly sign the notice.
- A copy of the notice will be kept by the attorney.
The end result will be either you have to take this case to court or they will give in on receiving the legal notice. It doesn’t matter who opts on sending the legal notice both parties have to rectify things within the given time period of 21 days.
How to Cancel a Registered Rent Agreement?
If the lease agreement is registered and you want to discontinue rent agreement then the procedure is slightly different. Hence, the rent agreement cancellation process of the registered lease agreement is:
- Through a licensed attorney, you can go to the district court and register a notice of lease surrender.
- Mention the leased address, the lease’s expiration date, the names of the tenant and the landlord, as well as the specific lease clause(s) that were violated.
- Add your signature as proof.
Approx 30 days it takes to cancel rent agreement and at least 21 days for both parties get to rectify things out as already mentioned above.
How can I write the letter to cancel the rent agreement?
When you appeal for the rent agreement cancellation then there is a proper rent agreement cancellation letter format that you have to pen down. For every legal document, you are required to do things in a format that is authentic and does not get rejected.
And the rental agreement cancellation letter format looks like this:
If not canceling but wanting to get yourself a Rent Agreement made then visit our website to place your order. The steps are easy:
- Step 1 Visit our website www.edrafter.in and go to our rental agreement page to make rent agreement online.
- Step 2 Fill out the details.
- Step 3 Add the shipping address.
- Step 4 Go to the billing section and make the payments.
Simple as that your Rent agreement order has been placed! The date and time with other information will be shared with you via mail.
Before you get your rent agreement cancellation deed, first try solving it by word of mouth. If you try talking things out then it might solve your 60% problem. Because in many cases the other parties do get ready to come up with new clauses so that in the near future neither party has to face any kind of discomfort.
Frequently Asked Questions (FAQs)
Generally, an agreement cannot be terminated during the lock-in period unless there are specific clauses or conditions mentioned in the agreement.
It depends on the terms of the lease agreement. Some lease agreements may have a clause for early termination, but it often incurs a penalty or fee.
The number of days you have to cancel an agreement depends on the type of rent agreement and the laws governing it. For example, some contracts may allow for a “cooling-off” period of 3 to 5 business days during which the agreement can be cancelled.