Can a Landlord Re-Apply a Lock-In Period Clause When Renewing a Rent Agreement for Year 2?

Rohan Gupta had been living in a 2BHK flat in Gomti Nagar, Lucknow, for just over a year. His original lease agreement with the landlord, Mr. Harish Srivastava, had been signed in early April 2024 for a twelve-month term. That agreement carried a standard six-month lock-in clause, which Rohan had fully served before completing the tenancy year without any disputes.

When the agreement was due to expire around 12 April 2025, Mr. Srivastava presented a fresh lease for Year 2. The new document contained a 10% rent hike and, again, a six-month lock-in period — drafted as if this were an entirely new tenancy with no prior history. Rohan was taken aback. He had already honoured the lock-in in Year 1. Shouldn't the renewal simply continue existing terms? He raised the point with the landlord, who was polite but firm, insisting this was standard agreement language.

Rohan initially tried to reason with the landlord on his own and consulted a general civil lawyer who advised him to simply sign or vacate. That advice didn't sit right. He then approached Advocate Sudhir Rao, who handles tenancy and property matters regularly. The analysis was precise: the enforceability of a fresh lock-in clause on a continuing tenancy is not automatic under Indian contract and tenancy law, and there were structured options available — including a well-drafted legal notice under the Indian Contract Act, 1872, and applicable state rent control provisions. With a clear legal notice sent on Rohan's behalf, the landlord agreed to waive the fresh lock-in and accept a three-month notice period instead. The matter was resolved without litigation.

You can read about this case in detail at https://sudhirrao.com/landlord-lock-in-period-clause-rent-agreement-renewal-year-2/

Posted May 7, 2026, 12:34 PM UTC

10
Loading comments…