By Arosh John | Real Estate Consultant | Founder – John Real Estate | Thane Market Specialist
Introduction
One of the most common issues in rentals is when a property owner wants a tenant to vacate during the lock-in period. This often leads to confusion, arguments, and sometimes even legal cases.
From my experience as a consultant, this is a sensitive matter. Owners may face emergencies that make it unavoidable to ask tenants to leave early. But tenants also face significant inconvenience and financial strain when asked to vacate within the lock-in. The most effective approach is open communication and fair settlement, not confrontation.
Understanding the Lock-in Period
The lock-in period in a Leave & Licence Agreement is the minimum time during which both parties agree not to terminate the agreement. Typically, this is for 6 to 11 months.
- For tenants, it ensures stability and protects them from sudden eviction.
- For owners, it provides continuity of rent and reduces turnover.
Breaking this clause prematurely often leads to disputes unless handled carefully.
Why Owners May Need to Break the Lock-in
Some common reasons why owners request early possession include:
- Family emergencies (urgent need of the flat for personal use).
- Financial requirements (need to sell the property for funds).
- Relocation back to the city (owner requires their property again).
These reasons are genuine, but the approach taken makes all the difference.
The Tenant’s Side of the Situation
Asking a tenant to vacate during the lock-in is rarely easy because it means:
- Searching for another flat on short notice.
- Paying fresh brokerage/consultant fees.
- Covering new registration and stamp duty charges.
- Incurring shifting costs and society-related expenses.
For most tenants, this becomes a stressful and expensive disruption.
Best Practices to Avoid Disputes
1. Avoid breaking lock-in unless absolutely necessary
If there’s no urgent need, it’s better to let the lock-in run its course.
2. Be transparent when unavoidable
If emergencies arise, explain the situation clearly to the tenant instead of surprising them with a sudden notice.
3. Communicate openly
A respectful, face-to-face discussion often helps in reaching a solution.
4. Offer fair settlement
In many cases, tenants are open to leaving if their extra costs are compensated — whether that’s brokerage, shifting charges, or part of the rent for the remaining lock-in.
5. Put conditions in writing
The best safeguard is to clearly mention in the Leave & Licence Agreement what happens if either party wants to break the lock-in. Having it documented avoids unnecessary arguments later.
Why Settlement Is Better Than Legal Route
Even if the matter goes into dispute, the first step in court is usually settlement. Legal proceedings take time, cost money, and add stress. A healthy conversation and a win-win arrangement are always better than dragging the issue into litigation.
At the end of the day, owners want to safeguard their property and tenants want fair treatment. Balanced communication is the bridge.
Key Takeaways
- Lock-in period protects both owners and tenants.
- Avoid asking tenants to vacate during this period unless unavoidable.
- If necessary, explain the reason clearly and explore a settlement.
- Tenants face genuine financial and practical difficulties when forced to move early.
- Always include clear clauses in the agreement about early termination.
- Settlement is faster, cheaper, and smoother than legal disputes.
About the Author
Arosh John is a Thane-based Real Estate Consultant and Founder of John Real Estate. With more than 10 years of experience, he specialises in premium homes, resale transactions, NRI dealings, and landlord advisory across Thane–MMR. Through Thane Real Estate News, he shares project reviews, market insights, and practical guides to help property owners and investors make informed decisions.
Disclaimer
This blog reflects my professional experience and views as a real estate consultant in Thane–MMR. It is intended only for general informational purposes and should not be taken as legal advice. For case-specific disputes, property owners are advised to consult a qualified legal professional. Laws and procedures may change over time, and their application may differ based on individual circumstances.
