Agreement can be renewed only by mutual consent of parties
2) you can vacate premises on termination of agreement or on expiry of the agreement
3) seek return of your security deposit
4)you cannot be forced to give 2months notice
Security deposit
Dear sir, I had taken a house on rent the agreement of which commenced on 1st july 2015.the chief conditions of this were: 1. The tenancy will be for a period of 11 months only.after expiry of the tenancy,it can be renewed for further period with mutual consent of both the owner and the tenant.further if the owner accepts the rent for the 12th month it is deemed as the renewal of this rental agreement. 2.the rental amount shall be Increased by 5% every 11 months. Now last year I continued to pay him the original rent without any increase and he never objected.I gave him a 1 month notice on 30th july 2017.he agreed then but today came back saying he wants a. 2 month notice.generally no one will wait for 2 months and keep their house vacant. Wanted to understand if the agreement is still valid and the available options for me.
Asked 8 years ago in Civil Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
Sir, If the agreement has become null and void then can he refuse to pay the security deposit using the same pretext.
Asked 8 years ago
if agreement is null and void licensor is bound to return the security deposit
A rental agreement is a document that defines the legal relationship between a landlord and a tenant. It sets out certain obligations of each party and also acts as an evidence, in case any dispute arises regarding the property.
In the usual practice, a landlord and a tenant make a rent agreement for a period of 11 months, with an option for a periodic renewal.As per law the lease deed has to be registered before the Sub-Registrar if the lease period is more than 11 months. Unregistered lease deed is inadmissible in evidence.
So in your case the agreement is expired but the possession is not handed over after expiration of time. It is the duty of land lord to giveback the security deposit and its your duty to handed over the possession of the building. So no need for two months notice is compulsory. Send a legal notice and ask the deposit and inform about the handing over the possession.
1. The rent agreement was extended bu virtue of the acceptance of the rent by the landlord.
2. If the original agreement mandates a 1 month notice then landlord has no right to demand a notice of longer duration. You can vacate after a month's notice.
3. The agreement has not become 'null and void'.
4. If he does not refund the security deposit then a suit for recovery of money will have to be filed against him. To be on a safer side, you can appropriate the last month's rental amount against the security deposit to be refunded by him. It will be a long drawn battle for you in the civil court to recover the deposit from him.
Hi Ashish Sir, The original rent agreement states that I need to give him a 2 month's notice.this clause was applicable to the 2 nd year max as the first clause states that the agreement is renewed by the land lord accepting the rent on the 12th month.hence ideally this clause should extend the contract to a max of 22 months.please let me know if my understanding is correct.also if the 1 month notice stand valid in that escenario.
Asked 8 years ago
On expiry of extended leave and licence period you are not required to give 2 months notice
The agreement can be renewed only with mutual consent of parties
One month notice period is sufficient
1. Your understanding is wrong. If the original agreement is renewed then notice period clause stands imported into the renewed contract.
2. Consult a lawyer with a copy of agreement to get a concrete opinion.
If the agreement is deemed to be renewed then the conditions agreed thereof shall be duly applicable.
If there was any clause for two months notice to vacate then you cannot dispute the same.
But you give this one month notice in writing and let him give a reply In writing, you can tackle the issue accordingly.
If the agreement has not been renewed then it is not valid anymore, in any case the owner cannot refuse to return the security deposit, you issue a legal demand notice.
If what you say is to be agreed then you don't have to give even this one month notice.
You can inform him in a week's notice and ask to return the security deposit, if he speaks law then you may issue legal notice demanding the same.