• Owner adamant about 2 month notice period after contract expired

I rented house here with contract starting from April 2014 for period of 11 months. The notice period was set as 2 months. I continued to stay and paid the rent till May 2015. The owner did not bother to extend the contract and asked us to arrange for the stamp etc. 

I informed the owner that I would be vacating the house on start of May 2015. Just 2 days before vacating, he says that 2 months rent will be cut from the deposit as the notice period is listed as 2 months in the expired contract. I wanted to know if this the notice period still holds even though the contract has expired 3 months before. Also the owner failed to provide the PAN card copy and I was not able claim tax on the House rent for the whole period. Hence this was one of the reasons I decided to vacate the premises apart from other reasons.

Please advice on how I can approach this situation
Asked 3 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) there is no need to give 2 months notice if period of leave and licence agreement has expired .

2)licensor is not justified in deducting 2 months rentals from security deposit 

3) if he refuses to agree issue licensor legal notice and claim amount wrongly deducted by licensor 
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

when tenancy remains in force after completion of tenure then it shall be presumed by law that tenancy is extended month by month.

in this condition notice is not necessary because tenancy is extended for 30 days only and there is no valid contract. This extension is deemed by the conduct of land lord, so land lord has no right to enforce contract which is completed 3 months back. 

Don't pay any rent and file application before small causes court against illegal demand of rent. contact a lawyer and proceed further
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1. The notice period is valid only as long as the contract remains in existence. The expiry of the contract brings curtains on the notice period. 

2. It is your own statement that you continued to stray after the contract ceased to exist and paid the rent till May 2015. The owner cannot deduct anything from the security deposit.

3. Issue him a lawyer's notice for the refund of the SD. If he doe snot comply with the demand then you may sue him to recover the SD and also compensation.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, Two months notice period is not valid as the period of leas was expired so you need not necessarily issued two months notice .

2. The owner can not deduct two months rent, if they not pay the advance amount then you have to lodge police complaint against the owner.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

The owner cannot claim two months deductions from the advance amount quoting the rental agreement conditions or clauses. The rental agreement was for 11 months period only i.e., from Apr-14 to Feb' 15. the rental agreement not being renewed, the conditions become infructuous.  Whoever at fault, in the absence of valid agreement, there is no clause operating hence his claim or action can be considered as illegal. You may first issue a legal notice to him to refund the deducted amount, failing to respond, you may sue him through civil; court for recovery of the same. 
T Kalaiselvan
Advocate, Vellore
35869 Answers
390 Consultations

5.0 on 5.0

1. The contract has already expired in Frb'2015 i.e. after 11 months from April'2014,

2. You were staying at the said appartment till May'2015 without any contract,

3. So, no term of notice period is applicable on you now and the land lord is legally bound torefund you the extire advance amount,

4. Send him a legal notice to this effect.
Krishna Kishore Ganguly
Advocate, Kolkata
18535 Answers
449 Consultations

5.0 on 5.0

1. When did you inform the owner of your intention to vacate the house, was it 2 months in advance or not?.
2. It is understood that the continuance of contract was a deemed one and even though the contract period expired long back, neither the owner nor the tenant extended the contract.
3. Under the same terms & conditions if the rent was paid to the owner, subsequent to the expiry of contract period of 11 months, that means both the tenant and the owner are aware of the 2 months' notice period.
4. Even assuming that a fresh rental agreement was executed by both the tenant & the owner after the expiry of 11 months, the clause of 2 months notice for vacating the house or 2 months rent in lieu of notice would have been mentioned as one of the clauses in the agreement.  
Shashidhar S. Sastry
Advocate, Bangalore
1638 Answers
107 Consultations

5.0 on 5.0

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