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.
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 8 years ago in Property Law
Religion: Hindu
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6 Answers
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
Yes, if landlord wants to get the money then you have to pay as per terms and conditions of the rent agreement if any.
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.
I have received conflicting advice, hence posting more details: There was a fire in the apartment (AC short circuit, no one was home, wiring done by landlord, AC installation by me, no one was hurt, minimal damage to house and structure, but major damage to my belongings). Hence had to leave the apartment abruptly (keys handed over to landlord with written acknowledgement). Apartment was not in livable condition and needed about 3-4 weeks for cleaning, some repair and painting. Then, the landlord demanded cost of repair and painting, also withheld 3 month advance security and further demanded 3 month rent against notice period (not served as vacated the apt. abruptly). He also did not return the rent PDCs for the remaining months kept with him. Meanwhile, after a month of incident signed up a fresh lease with someone else and still presented all the PDCs to the bank on the pretext of recovering notice period rent. What are my legal options?
Asked 8 years ago
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
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.