• Is notice period valid if the house not safe to live?

My landlord is a central govt official. The building is 10yrs old, very poorly maintained with only cheap materials & fixtures used. Lights on the compund wall would continious be on 24hrs without any swith to off. 
One night as we returned from a wedding reception around 11.30pm we noticed smoke coming out of the light & very soon it spread inside & was about to catch fire. I swtiched off the main & called the landlord, his response was just swtich off the main & go to sleep. I can't come because I'm feeling sleepy. I forced him to call Electricity board & to our surprise the wire had multiple joints. He has used some waste wires to do the wiring risking our lives. I pay Rs.16500/ PM as rent and one lakh  as deposit. It's around a month since the incident & till date it's not fully fixed. There's communicator inside switch board. Live wires are rolled and pushed inside switch boards.
Hence I decided to vacate immediately, but the landlord is forcing me to pay 1.5months rent + 1 month rent towards maintainence charges. Total of Rs.41250/-
I'm vacating because it is not safe to live here. In this case is notice period valid.
Also to avoid income tax, though the building is registered in his name, rental agreement was made in his wife's name. She's a house wife and I'm given her PAN details to file IT returns.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Hi, you just sent a notice to the landlord stating the above reason as the house is not safe to live and so i am vacating the house as unsafe to live and ask him to refund the advance amount.

2. If he does not repay the amount then you have to file a suit for recovery of advance amount paid by you.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1)what are terms of your leave and licence agreement? 

2) does agreement provide for one month notice ? 

3) if so land lord can recover notice period rental from you . 

4) it is necessary to peruse terms and conditions of your agreement  t o advice . 

5) if the building is registered in his name and he is flat owner how can his wife sign the leave and licence agreement ? 

6) only owner of flat can give premises on leave and licence 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi, in the above circumstances you need not wait for two months and it is better you have to vacate the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) if agreement provides for 2 months notice period you are required to give notice as mentioned in agreement 

2) if wires are hanging dangerously and licencor refuses to adopt basic safety precautions complain to electricity service provider . you can also issue notice to licensor to rectify the defects in wiring . it should be mentioned that in the vent any untoward incident happens licensor would be solely responsible and you would claim damages for any  loss caused to you due to his negligence . 

3) leave and licence agreement can only be entered into by the owner of premises 


4) if the owner had executed power of attorney in his wife favour she could have entered into leave and licence agreement with you 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. If there was a notice period for leaving and you were forced to leave the premises, you were required to do the following,

2. Report the matter to the electricity board requesting them to inspect the wiring and panel. You could have got the wiring inspected by private registered electrician also. On receipt of the said inspection report, you should have lodged a police complaint and also send a legal notice to the land lord asking him to refund you the advance amount since you are forced to leave the premises to save your life from prospective accidental fire.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The agreement was invalid since no body can enter into a tenancy agreement with some body for the property not belonging to him/her,

2. Send a legal notice to her claiming the entire amount since she has fraudulently entered into an agreement with you for the property not belonging to her,

3. If she fails, you can file a Recovery suit against her.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The notice period does not lose its sheen because the building has become unsafe. The landlord and the tenant continue to be governed by the lease deed. 

2. You are obligated to vacate in accordance with the notice period mentioned in your agreement. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. In accordance with the notice period you have to give a two months notice, or else pay rent equivalent to two months before vacating. 

2. Nobody can force you to stay in the property against your will. You can vacate by paying rent equivalent to two months. 

3. The agreement is valid despite the fact that it is being executed with the wife of the owner.  
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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