Hi,the date of commencement of rent will be according to the date mentioned in the agreement , no matter what is the date of registration .. It is advisable to send him a legal notice to reply to his unjust demand
Tenant being forced to pay the rent even after vacating the premises
As per the contract, the date of the agreement starts from the 13th of October 2016 to 12th October 2018. However the registration of the agreement was done on the 17th of October 2016. The owner and I came to a mutual understanding to make up for the 5 days and I got to start living in the rented apartment from the 18th October 2016. After completion of 1 year the owner decided not to increase the rent by 10% but I just had to pay the maintenance. 22 August 2018, I gave the owner one month notice as it was stated in the agreement for termination by any party. I told her I would leave in the first week of September. Since my contract starts from the middle of the month and I had already paid for the period of time. I told her I would pay extra half months the rent until September got over even though I wont be there. Now the owner is demanding the whole months rent. Is this allowed? The reason given to me was the owner would be in a loss for not increasing the rent. And also nomatter what the dates in the paper I have to pay her considering the month doesnt start from the middle. This is not the first place I have stayed on rent. And this has never happened to me. Please guide me.
Asked 5 years ago in Property Law
Religion: Hindu
9 Answers
Firstly, there is no provision of law in any law neither rent law nor contract law, where you can be forced to pay something which is not there in the contract.
Secondly, though it is the fact that she did not increase the rent which may be there in the agreement, but it doesn’t mean that now she can ask for anything which is arbitary on the face of it.
Thirdly, I advice you to call the police if she doesn’t allow to do so, and let police be sent the case to the district court for adjudication.
Fourthly, in this way, you may come out of the flat, and fight the civil battle.
Sir the rent is paid as per the agreed terms and the commencement date as mentioned shall start and end as per the agreement there is no other alternate to it the registration date is not considered the commencement date is.
Further unless this is not written and agreed no half month rent provision is there. you have to pay the rent as per agreed terms. if there is no provision of fortnightly rent the months rent has to be paid the agreement is governing document same need to be perused. Further since you have paid the rent she cannot ask for further payment serve her a legal notice for same.
You need to pay on a proportionate basis for the days you are in possession of premises
You cannot be required to pay for days you do not occupy the premises
Hello,
No this is wrong she can not force you to pay the extra amount.
Going to the court fro this amount will be a long drawn process.
Report the same to the local police and see if they can help in this matter.
Regards
When a lease for a fixed term comes to an end, your obligation is to pay only the days that you continue to have the right to occupy the unit.
Usually the landlord will prorate the rent for the days by calculating a daily rate. For example, if you have been paying 2,000 a month under the lease, the daily rate is 66.67 a day (2,000 divided by 30 days), and you would be responsible for paying 1,000 for the 15 days remaining under the lease.
Since notice was given by you on 22nd August 2018 you have to pay rent for period of one month
2) you have offered to pay rent for full month of September
Ie sufficient
3) owner contention that you pay full month rent is misconceived and unsustainable
Dear,
No need to pay him extra, as you already gave 1 month prior notice to him.
You follow the agreements terms, he can't force you.
Even though the rental agreement started ion the middle of the month, the rental payment shall be made for the calendar month and the intermittent period shall be paid proportionately.
The termination (premature) of agreement shall be in accordance with the agreed conditions, either of the party cannot demand any unreasonable and unjustified claim against the conditions.
You may refuse to pay the whole month rent if you are handing over the keys before 15th of September, however if it is after 15th of September, then the September month's rent may be paid in full
Not enhancing the rent after one year is the problem of the landlord, she cannot quote that as a reason now at this stage.
