Immediate evacuation of a rented apartment at the end of tenure
I have been staying in a rented apartment since June 10th 2014. The agreement is for a period of 11 months and expires on 10th May 2015. Is there any provision which allows us to stay at the rented apartment for 10-15 days after the tenure expires?
We had initially decided to renew the agreement. But, since the landlord has increased the rent by 10%, we have decided against it. Now, the landlord says he wont give back our deposits as we did not give him a 3 month notice period. Does his argument hold good once the agreement expires?
Asked in Property Law from New Delhi, Delhi
Hi, you need not give 3 months notice as your tenancy comes to an end on 10/05/2015.
2.So if you want renew the agreement you can renew it or otherwise you can vacate the premises and landlord has to repay the advance amount.
3.Argument advance by landlord does not hold water.
4. The three months notice valid only when you have to vacate the premises with in 11 months.
Notice period or any other term of the agreement is an obligation only till the agreement lasts. Since your agreement lapses after 11 months you have no obligations under the contract beyond the period of 11 months.
1. Yes, even after expiry of the tenure the tenant or licensee can stay put the property and the same is not illegal nor their status is trespasser.
2.The landlord can not withheld your security deposit. Since getting recovery of the same through civil proceeding is very time consuming and not cost effective at all, it is advisable that you overstay in the porperty so the security deposit gets adjusted with your unpaid rent.
1. After the expiry of the agreement you cannot stay in the apartment except with the consent of the landlord.
2. The notice period is valid only during the existence of the rental agreement. Once the duration of the agreement has expired the clause of notice period does not remain in operation anymore. So what the landlord has told you is absurd.
3. If he does not refund the security deposit then issue a lawyer's notice to him.
1) it is not necessary for you to give landlord 3 months notice
2) agreement expires on 10 Th may 2015 and you have to vacate premises on said date .
3) there is no provision for giving landlord 3 months if you are vacating on expiry of agreement
4) you can stay for 10 more days if landlord only agrees
5)if landlord refuses to return SD issue legal notice
6) file summary suit under order XXXVII of CPC for recovery of your SD
1. It depends on the mutual acceptance between the Landlord and the Tenant to stay at the rented apartment for 10-15 days after the tenure expires.
2. When the rental agreement was specifically for 11 months starting from June 10th 2014 to 10th May 2015, the landlord can not say that he did not get 3 months notice from the tenant as the duration of stay is in-built in the rental agreement and both have agreed and signed and the landlord has to honour his own commitment. 3months' notice is required from either side i.e., Landlord & Tenant, if before the expiry of 11 months either of them wants to terminate the rental agreement before it is due for expiry.
3. Do not give possession of the house till your landlord returns back the deposits.
Thank you all for your responses. I have another question here:
What if I serve him a notice prior to the tenure end date i.e 10th May 2015. Say, I serve him a notice on 25th April 2015. Would I then, have to stay for a period of 3 months from the date of serving the notice despite the agreement terminating on 10th May 2015?. If yes, can he revise the rent during that period?
Asked 2 years ago
1) the licensor is at liberty to revise licence fees on expiry of leave and licence agreement
2) renewal of leave and licence agreement is subject to mutual consent of parties
3) there is generally clause in agreement to said effect
Hi, you need not stay for 3 months as your tenancy come to an end so you just informed the owner that you will vacate the premises.
1) you wont be entitled to extend your stay in flat for period of 3 months without licensor consent
2) you can inform licensor that you shall vacate premises on 10th may 2015 and to refund your SD on said date .
There is no notice required for termination of fixed term lease.
Once you are in possession of the premises , you can not be evicted like that. Let the landlord give you notice that lease has expired and you should vacate and handover the possession. You write back regarding refunding of security deposit. Adjust the security amount against rent for the period you overstay. This is for you to counter if the landlord is nasty. Otherwise settle the matter in a peaceful manner; vacate it and take back your security deposit.
Advocate, New Delhi
1. If there is no clause in the rental agreement that a notice period of 3 months is required, then you need not serve him a notice on 25th April 2015.
2. No need to stay for a period of 3 months from the date of serving the notice since it is contrary to the agreement which terminates on 10th May 2015.
1. No. That is a bad argument,
2. Your agreement is valid for 11 months only,
3. After expiry of the agreed period, you should vacate the premise,
4. The clause of giving 3 months notice for acating pertains to your leaving the premise before the agreed period of 11 months,
5. You can not overstay in the said premises for which the landlord may charge you the rent at increased rate but can not forfeit any part of the advance paid by you.
1. You were required to issue notice if you had wanted to vacate the premise before the agreed period of 11 months,
2. If you wanted to overstay for another 10/15 days, then you should have given him a letter asking for his permission or just informing that you shall overstay for the said period for which you will pay rent as per the present rate,
3. if he does not agree, he will write you back either agreeing for your proposal or claiming more rent for the said extended period.
If you would like to stay back for another extended period of time the best thing to do would be to enter into a new agreement for that period. Also in the agreement under clause relating to Terms of Payment get it in writing that the landlord is in advance possession of a x amount of money which is to be set off as rent for the consequent months for which the new agreement lasts.
such clause will explicitly hold him liable to the debt.