The owner asked to vacate and after vacating he is creating issue
We took a house on rent during April 2012 (wef 24 April, 2012) signing Agreement of 11 months. Again we signed new Agreement in April 2013 (wef 24April 2013) for 11 months. On 24th Jan, the owner asked us to vacate the house (within 3 months as per Agreement). Already he harassed us a couple of times in the past, asking to vacate, hiking the rent 12% (against 5% as mentioned in Agreement), visiting our house for small small issues.
So, we searched for a new house by 7th Feb and informed the owner that we will shift on 17th Feb and subsequently we shifted on 17th Feb.
On 18th Feb, when we went to discuss with him about refund of advance. He started saying as per Agreement, you will have to pay rent till expiry of Rent Agreement, even though he only asked to vacate the house and even used to ask "did you find house?". Now he says like this.
My query is - if owner ask us to vacate house within 3 months and if we do within 2-3 weeks, can he force us to pay rent till expiry of Agreement?
Asked in Property Law from Bangalore, Karnataka
. did you receive any letter from licensor asking you to vacate the house within 3 months ? if your agreement was expiring on 24th April 2014 it was not necessary for you to vacate earlier . owner merely called upon you to vacate as per clauses in agreement on expiry of license period .
did you inform owner in writing on 7th February regarding your intention to vacate on 17th February ? did you receive any reply? any letter sent for return of your security deposit?
in your case correspondence exchange with the owner of house would be crucial . contact a local lawyer . issue legal notice for return of SD as you have vacated earlier as per owner request . . file summary suit .
Our all communication are oral and he stays in the ground floor of the same house.
The Agreement expires on 23rd March.
My query is just - if he asks us to vacate the house and if we vacate the house before expiry of Agreement, can he force us to pay rent till 23rd March?
We have already shifted and we informed him (orally) when we got house and also informed him after fixing the date of shifting. He didnt say anything. Now, after vacating when he approached him for return of SD, he started saying, legally, you will have to pay rent till expiry of Agreement.
Asked 3 years ago
the mistake you made was not you did not reduce the request received from licensor in writing . you have no evidence to show that you have vacated the house as per his requests .
as far as payment of rent till period of expiry is concerned it is necessary to go through clauses in your agreement .
does agreement mention that you have to give 1 month notice for termination of agreement ? if you have not acted in consonance of agreement then licensor will take the plea that he has adjusted the SD against shortfall in notice period .
what you should do now is consult a local lawyer . show him agreement signed regarding SD , notice for termination etc . send letter to licensor by regd post AD that you have as per his request vacated premises in February 2014 and to refund SD
Above is suitable action in the situation.
Advocate, New Delhi
please bring your rent agreement to go through properly so that we can advice you in the right way.
Hi, first issue legal notice stating repayment of the advance given by you, since you have vacate your hose if he does not reply for that, file a suit for recovery for the amount advanced with interest.