My landlord is asking for rent for notice period

Question

My landlord is asking for rent for notice period

I had rented a property for last few years and now the property is unlivable because of water dripping from the roof. I have notified the landlord through email that I want to move on. My notice period is 2 months. But I decided to move within a month. Now my landlord is asking for the last month's rent and refusing to settle it against the security deposit. He is also threatening to lock me out. Can he kick me out for just the last month's rent that is during the notice period? I am already in the process of moving and I would be done in at most three more days. I have already paid the rent up to the last month.

I had brought the problem of water dripping to his notice by email 8 months back, continued exchanges of several emails during this time and he failed to resolve the issue. My understanding is, I don't even have to pay the rent for the full notice period, I only have to pay for the time I am actually living in the flat, because of unlivable conditions. Not only is he not agreeing to that, he is demanding this month's rent which is in the notice period and refusing to adjust it against the security deposit. My monthly rent is 17200 and the security deposit is 60000.

Can I sue him for threatening me?

N.B. - Our registered agreement has expired a few months back, but it had a provision for automatic extension and I had paid the rent as per that.

Relevant clauses.

1.In the event of the party wishing revoke the deed of leave and licensee during the period or after expiry of the period as the stated above, either party shall give and stay its intention to do so in writing to the other party at least Two Months in advance and this agreement can be revoked and security deposit Rs. 60,000/- (Rs. Sixty thousand only) shall be repaid by the licensor to the licensee at the time of possession of the premises after deducting unpaid MSEB bills, damages if any, to the premise or other dues.

It is here by agreed by and between the parties that in case the licensee commits default in payment of the monthly license fees, electricity charges, etc. for a continuous period of two months or commits breach of any of the terms and the conditions contained in this agreement, the licensor shall give notice to licensee to revoke this agreement and after receiving the notice addressed to the licensee at the said premises, the licensee must remove all the articles and things belonging lying and being in the said premises and also remove himself the licensor shall permitted to remove same and put his lock upon the said premises or other wise induct any other person in the said premises.

Asked 7 years ago in Property Law

Religion: Hindu

Answer 1

1. contractually you agreed to give a notice of 2 months before leaving the premises

2. but since the place has become unlivable due to water seepage, the aforesaid condition cannot be foisted on you

3. ask the landlord to have the problem fixed if he is insisting for 2 months notice period

4. i fail to understand what problem the landlord has in adjusting the rent against the security deposit

5. it is advisable not to handover possession to landlord unless he refunds the security deposit after making legitimate adjustments

Yusuf Rampurawala

Advocate, Mumbai

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Answer 2

Since you are vacating the premises call upon landlord to adjust this month rentals against your security deposit

2) landlord has failed to carry out repairs inspite of repeated reminders

3) landlord can adjust shortfall in notice period against SD

Ajay Sethi

Advocate, Mumbai

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Answer 3

This is my response to you:

1. Since you said you will give two month's notice period, therefore you are legally bound by it;

2. The landlord could have adjusted the rent from your security deposit, but he is not doing it even after your request, that is his problem;

3. The fact that you lived in unlivable conditions, you can send him a legal notice for the losses caused to physically and mentally troubling you;

4. You can also waive off the compensation provided he agrees to drop the rent charges;

5. Try out the settlement from your end and retrieve your deposit from him.

Gowaal Padavi

Advocate, Mumbai

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Answer 4

Dear,

If you want to leave the tenancy early, however, you will only be able to do so if there is a “break clause”

in your tenancy agreement or your landlord agrees to allow it. Otherwise, they may insist that you continue

to pay rent until your tenancy expires (though they are expected to try and find tenants to replace you,

so it is rare that you should have to pay for the full period your tenancy would have lasted).

In your case, your landlord is asking for the last month's rent and refusing to settle it against the security

deposit.

He is also threatening to lock you out.

Before 8 months back you already told him about the repair of property but he failed to resolve the issue,

so now he is in fault, and he don,t have a right to lock you out.

You should sue him or file a complaint in local police station.

Tarun Agarwal

Advocate, Jaipur

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Answer 5

Hello,

Yes since the same is a civil case he can not threaten you and adopt criminal means.

if he further threatens you then you may go ahead and file a complaint against him for criminal intimidation under section 504 of the Indian Penal Code.

Regards

Anilesh Tewari

Advocate, New Delhi

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Answer 6

1. Sir issue land lord a notice for cancellation of agreement and calling him upon to return the security deposit. Since the flat is not in liveable state you can terminate is without serving notice period as after repeated reminders no work is carried out.

2.Ask him to adjust the remaining rent in deposited and return remaining security deposit within 15 days.

3. No he cannot kick you out or use force under any circumstances even to get premises vacant he has to file a eviction before court if any threat complaint before police under ipc 506.

Shubham Jhajharia

Advocate, Ahmedabad

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Answer 7

The conditions are okay but have you given a notice in writing and whether the same was acknowledged by the landlord?

If he is verbally threatening you or indulging in any illegal activity agaisnt you in this regard, you can issue a legal notice warning him of the legal consequences through court and police for his illegal activity against you which would include offences like criminal intimidation.

If the landlord is indulging in excess of his limitation, you may even consider to lodge a police complaint for the offences of abuses and nuisances including his threats like throwing you out etc.

T Kalaiselvan

Advocate, Vellore

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Answer 8

1)mention that you are terminating the agreement . Will vacate premiseson x date . To take inspection and collect keys

Ajay Sethi

Advocate, Mumbai

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Answer 9

Yes if you have bought to his notice it can be treated as notice.

Yes you can ask him to inspect.property and can hand over the keys to him.

See he is mood of taking up your security deposit so to counter this issue him a legal notice and further mention your previous mail in reference of same. For recovery of security deposit.

Shubham Jhajharia

Advocate, Ahmedabad

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