• Best way for 1 month notice for leaving a flat as a tenant

Hello,

I am a tenant of a flat in Pune, Maharashtra.
I have rented the flat with proper agreement and been staying there since 22 months.
My current agreement is for 22 months starting from 5th Nov 2018 and ending somewhere in Sep 2020.
I wish to leave the flat before this end date in next month or so.
I am planning to give 1 month notice to Landlord in coming few days.

But the landlord stays in a different state of India and is not local to me.

How do I best give the "1 month notice" of leaving the flat 
that the Landlord does not deny receiving it ?
I would like to send the notice by courier or speed post.
But, he may say that he never received the notice and claim the next month's rent also.
The landlord has not provided proper email and says he does not use email much.
So the option of giving the notice on email is somewhat problematic.

-Can "Whatsapp" be used legally to send this notice ?
-If I call him on phone, should I record the call when giving notice..?
 -What if he does not pick the phone

My main concern is that he should not deny or falsify that I gave proper 1 month notice to him.
And the problem is that he is not staying close by to hand over the notice in person.

Thanks.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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15 Answers

Send notice by speed post AD 

 

2) you would received acknowledgement card of receipt of notice 

 

3) what’s app is additional mode of service 

 

4) send notice by speed post and what’s app 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7537 Consultations

5.0 on 5.0

  1. Any notice served through Indian registered post is valid service of such notice. So you must go ahead and serve the notice through registered post. You must preserve the receipt of postal department as evidence of the valid services of notice

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

There must be one address in your Lease Agreement you need to send your legal notice of vacating the property and the same address with the registered post and at the same time you can send the copy through email and WhatsApp to your landlord it is not material that the landlord is not living at the same place where the apartment is but the jurisdiction in any case of dispute will be the same district court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hi

Ways of giving valid notice in your case:

1. Registered Post

2. Email

3. WhatsApp 

4. Recorded Call

Etc.

You just need to keep the proof that you sent the notice.

I would suggest the registered post 

Keep the postal slip with you safely that would be sufficient. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can send same by Registered Post and can also Email and send on whatsapp. 

See Use Registered Post Acknowledgement Due(R.P.A.D.) service of Indian Post you will receive an acknowledgement of receipt in same. 

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Have you given some security, if not than mere intimation to vacate is enough. He accepts or not accepts dose not make any difference. If security is deposited than stop paying rent and get it adjusted with rent amount.

Call, whats app, written intimation all valid.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You can serve him the notice with speed post with AD. He can't say that he didn't receive it. You can in addition send whatsap msg,  email and sms to him about the same

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

The most effective way to serve a notice is through registered Post. You can also send through Email or on WhatsApp .

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You send a notice by registered post to his address along with a copy to his office address (if any) and send the same copy by courier service too.

Collect the proof of delivery and the acknowledgment card which will prove that yo have intimated him about vacating the premises 

After that you can vacate the premises as per your notice mentioned date and demand the security deposit held by him before delivering the vacant possession.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

1. You should send the notice through registered post along with acknowledgement.

2. Yes you can send him notice through whatsapp and call and keep the records with you for future reference.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. If you know his postal address then send him the notice through a registered post with AD. In case of a registered post there is a presumption of valid service of notice.

2. Notice through telephonic conversation cannot be proved in court, it will be an exercise in futility.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

LL will definitely deduct on rubbish grounds. so better stop paying rent. Let is adjusted

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Whatever precaution you may take you may not be able to avoid paying some charges towards wear and tear. 

The landlord holds your deposit amount and he will conveniently recover that amount from the deposit. 

If the demand is unjustified then you may issue a legal notice demanding return of entire deposit amount. 

However remember that the legal action would involve more expenses than the deposit amount. 

You can take wise decision at right time. 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

You don’t have to buy brand new gas stove 

 

when any kitchen equipment is kept in the house it is for your usage 

 

claim from landlord money spent by you 

 

enclose supporting bills 

 

Landlord should return deposit at time of vacating premises 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7537 Consultations

5.0 on 5.0

Your landlord may deduct from your security deposit for Unpaid rent Repairs for damage.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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