• Tenants notice

Hi, I have a tenancy agreement of 12 months and the notice clause say that the tenants may serve 2 calendar months notice after the expiration of 11 months. I can't understand because the agreement end on the 12 months of I give him 2 months notice after 11 months the notice will finish after the agreement end date. Please can you clarify this for me. Thank you.
Asked 8 years ago in Property Law
Religion: Christian

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6 Answers

1. This optional clasue.So it would depend on option on either of the parties.

2. if either of the two does not opt for the option then the tenancy would expire after 11 months.

3. Howeevr after seeing the tenancy agreement itself I can advise further as the true intention of the parties can be obtained only after seeing the whole contents of the agreement.

Devajyoti Barman
Advocate, Kolkata
23582 Answers
534 Consultations

words used are may . it is at the discretion of tenant to serve 2 months notice period

2)if agreement is for period of 12 months then on expiry of 12 months agreements comes to an end

3) there is no need to give 2 months notice . one month notice should suffice

Ajay Sethi
Advocate, Mumbai
98944 Answers
8049 Consultations

Dear Sir/Madam, it means in general if tenant vacant the house within tenancy period at that time the tenant will give 2 months notice period to the landlord/owner of the house/property. As per your query, I assume that in drafting somewhere fault in the said tenancy agreement. ... by Chandrashekhar Vithal Jadhav, Advocate & Legal Consultant, Bangalore.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

1. notice period after end of 11 months is to be given to extend or terminate rent agreement.

2. if you give notice for termination of rent agreement after 11 months then agreement shall be automatically extended for 2 months.

3. notice period always run concurrently to the agreement.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. The terms of the said tenancy agreement is faulty.

2.After 11 months if you give notice of vacating after 2 months i.e. after completing 13 months, then the said notice becomes infructuous because after 12 months you loose your tenancy right due to completion of your tenancy period as stipulated in the said tenancy agreement.

3. In the said agreement, you shall have to stay at the tenanted place for 12 months. Actually, you should have been allowed to discontinue the tenancy anytime after giving two months notice.

4. Get the said tenancy agreement amended accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27606 Answers
726 Consultations

The contents stating that you have to give two months notice after 11 months is erroneous.

On the expiration of the agreement there is no question of any notice hence you may go through the contents of the agreement once again properly and decide what can be done on it by consulting a local lawyer and producing the relevant documents before him.

T Kalaiselvan
Advocate, Vellore
89147 Answers
2442 Consultations

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