• Notice period amount and new tenant

If before the expiry of Leave & License agreement, I have to abruptly vacate the premises without serving 3 months notice period (as per agreement) and in 1 month of my leaving the premises, the landlord signs up a new agreement with another tenant, do I still have to pay the 3 months rent for the notice period?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1. No if the landlord gets new tenant immediately on your leaving the place then landlord does not suffer from any loss.

2. In such context ask for refund and no deduction of rent for notice period.

3.negotiate with the landlord hard.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1) terms of contract are sacrosanct

2) you have to give 3 months notice period

3) licensor can charge you 3 months rent as per notice period

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Yes, if landlord wants to get the money then you have to pay as per terms and conditions of the rent agreement if any.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

The conditions of the leave an licens have been breached by both the sides, hence you need not be worried about it.

The landlord should demand the payment in lieu of the notice period instead if he has let in some other person then his claim may not be maintainable.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1) you are not liable to pay repair , painting charges unless there is clause in your contract to that effect

2) 3 months rent could be adjusted by landlord against security deposit

3) in case any legal notice is issued to you you must reply to legal; notice . mention that fire occurred on account of faulty wiring done by landlord. deny your liability to make payment

4) amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

You may issue instructions to bank to not to honor the cheques if presented for payment.

You may issue a legal notice to the landlord giving him the details of all the events that have taken place due to which you were forced to leave the rented premises which was not in habitable condition.

You can demand the advance amount held as deposit with him an also the PDCs

This will enable you to challenge/defend his case if he intends to file, if any, in furtherance.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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