Rental agreement notice period
I have been staying in rented house for 12 months now. The rental agreement is from 1-05-2013 and for period 11 months.
The notice period from both parties is mentioned as 2 months. I have given landlord notice of vacating house on this date 30-03-2014.
On 30th April 2014 i would be completing 12 months. Does this mean this rental agreement is still valid after 11 months (There is no renewed rental agreetment after 11 months) and should we compulsorily give notice period of 2 months. The Landlord is not agreeing for 1 month notice and will deduct 2 months rent (for notice period) even if we dont stay in the house. Kindly advice.
Asked in Civil Law from Bangalore, Karnataka
Notice period of 2 months is mandatory within the 11 months of the rental agreement. If the same is not renewed then the same shall be treated as having lapsed due to efflux of time. Meaning that both parties not interested to renew the same.
Hence your notice for vacating constitutes just 1 month, the landlord is therefore right to deduct 2months rent from out of your security deposit amount and refund the balance to you.
30th March 14 the rental agreement completes 11 months. how can the landlord claim 2 months rent when rental agreement lapsed. I am still staying at same house. The notice period started on 30th March2014. and i think it should be 1 month and not 2 months. Kindly explain.
Asked 3 years ago
1)landlord cannot claim 2 months rentals . the agreement is entered for 11 months on 1st May 2013 . agreement expires on 31st March 2014 .
2) it is only in case that you had terminated agreement within period of 11 months was 2 months notice required .
3) refuse to pay 2 months rentals . draw attention of landlord to provisions of agreement . insist that you will vacate premises on 30th April 2014 .
I agree with Mr. Ajay Sethi.
Give detailed written notice to landlord stating that, rental agreement expired on 31/03/2014 and you are not interested in renewing the agreement and ask for return of Deposit money.And also state that notice period clause to terminate the rental agreement does not apply as the agreement stands expired.
Thanx Sandeep/Ajay for quick response. The notice that i am going to vacate was given by me on 30th Mar14. The rental agreement is for 11 months from 1st May 2013. Eleven months means it will complete exactly on 31st March2014 and i informed him on 30th March2014. Will the 2 months notice period still apply?
If it does not apply what legal action i can take to not pay 2 months rent? Kindly advice.
Asked 3 years ago
we have already advised you that 2 months notice period does not apply . vacate premises on 30th April 2014 and ask for return of your security deposit . if licensor refuses to return file summary suit for recovery of your security deposit
Landlord is not entitled to claim the rent of 2 months (as sought by him) as the agreement expired on 31st March 2014, whereafter the stipulation respecting notice period also ceased to exist. Refuse to pay the rent demanded by him. If he does not return the security deposit then file a suit for recovery in court.
The landlord is still adamant on giving two months notice after discussing with him. He is shouting and screaming instead of cooling discussing the matter. I have given him 1 month notice. The rental agreement has expired on 31st March2014 and same day i told him will vacate house by giving 1 month. Looks like i have to file case.
Asked 3 years ago
give him legal notice by asking him to settle your outstandings
Advocate, New Delhi
it appears landlord is not familiar with legal provisions . issue legal notice to landlord . contact any of members of this website based in bangalore for issue of legal notice. if landlord refuses to relent you have no option but to file summary suit for recovery of your security deposit .
if you dont want to go to court stay for one more month as desired by landlord . even if you take legal proceedings it will take at least a year for hearing of your summons of judgement .
Give him Legal notice. If he shouts or creates any problem to you of your family, then file police compliant.
Landlord is not a law unto himself. Issue a lawyer's notice to him to return the security deposit as he has no authority to retain it any more. If he does not comply with the demand raised in lawyer's notice then the only legal remedy is to file a case for recovery of money in city civil court.