It is necessary to peruse terms of agreement signed by you to advice
2) if there is one month notice period provided in contract you have to serve the one month notice period
3) landlord can demand rentals for notice euros
Rent for Notice period
Sir i am a student and i had rented a room in Delhi on 15/may/2018 . These was a contract prepared by the landlord himself on his computer whose printed copy I had signed and he had refused to give me a copy of the same saying its only for landlords . Due to corona crisis I left for my home on 18th march 2020 with my belongings in the room thinking that I will return to the room once the crisis will be over by may end. I paid full rent till April 2020. But as corona crisis was not over by may , so I decided to leave the room . I texted him that I am leaving the room on 22nd may 2020. I have asked him to deduce may months rent from my caution money. BUT He is asking for rent till 22nd June 2020. He said that I must serve a notice period of one month and pay him till 22th June 2020. I can take my stuff from that room after that. I don't know the exact duration of the contract I signed as he had not given me the contract copy but i faintly remember it was for 11 months i guess. Do I have to pay till 22nd June 2020.
Asked 4 years ago in Property Law
Religion: Hindu
33 Answers
NO. And you are liable to pay till you stayed there.
1. In a Typical Rent /Lease Agreement, a clause consisting of one month notice from either side, for pre-mature vacating of rented premises. IF this clause exists in the agreement, THEN you would need to pay one months notice rent.
2. Before giving him any rent, you are entitled to demand copy of the agreement for verification and payment.
3. Typically it is a prosecutable offence on the landlord, IF the Rent /Lease agreement was not stamp duty paid and registered.
Hello,
No, you are not rquired to pay the room rent till June, if you have texted him that you will be leaving the room.
If he further calls you and ask for money, send a legal notice to the landlord.
Regards
- As per law, if a tenant wanted to vacate the tenanted premises before expiry of the rent/lease agreement, he should give a notice according to the terms of the agreement.
- Further, the tenant and owner are legally bound with the clauses mentioned in the agreement /contract.
- Further, if the notice period for termination is mentioned is one month, then the tenant has to inform one month prior about the termination.
- Further, if the tenant doesn't want to pass/over the notice period, then he should pay rent for the notice period.
- Further, the landlord should refund the deposited amount to the tenant if any, after making sure that there is no dues towards the tenant.
- According to the Registration Act, 1908, the registration of a lease agreement is mandatory if the leasing period is more than 12 months,and mere a typed copy from the computer cannot be used as legal agreement.
- Further, the landlord is bound to handover a signed copy to the tenant to know the contents mentioned in the clauses of rent agreement.
- Since, you have given information for vacating the tenanted premises on 22nd May, then this date will be considered as notice date , and you will have to pay the rent for the complete month , and the landlord must refund you security deposits if any by you after deducting the same.
- But, no landlord can restrained you for taking your items. from the tenanted premises legally.
- Further , if the landlord has not done tenant verification from the Delhi police , then he can go behind the bar as well.
- If the landlord not allowing you to take the stuff from the room , then you can lodge your complaint .
Yes, you have to serve him a notice to quit. But the security deposit can be adjusted with the unpaid rent. If he denies serve him ablegal notice. Try to make a list of things which is lying in that room.
Regards
Hello,
- No, you don't have to pay till June 22 as your Agreement for 11 months would have come to a close in April 2019.
- The landlord cannot arbitrarily charge you an extra month's rent when you have already vacated the flat and he is able to rent it out to a new tenant.
- Write to him to deduct the rent for May and return the rest of the amount and your belongings. You may need the help of the local police to retrieve your belongings, if he refuses.
1. The demand of the landlord is unfounded and without any of law, more so, if there is no whisper of notice period in the rent agreement.
2. Now no landlord can refuse the tenant to take his belongings away even if there is legitimate rent is due.
3. If after lockdown if the landlord doesn't allow you to take your belongings you can lodge complaint of criminal breach of trust and criminal intimidation.
So wait till the situation normalizes.
See first if there was clause of notice in the agreement then you have to serve notice and pay for notice period though in case the agreement time is over citing that you may ask for refund of complete amount.
1.Say IF the agreement was only for 11 months and no new written renewal agreement was signed THEN If the agreement period had expired , do I still have to serve notice period and pay him for that .
Asked 4 years ago
No, if the agreement has not been renewed then no need of serving the notice period
If agreement was not renewed you don’t have to give one month notice period
take the plea that agreement was not renewed and you are not bound to give one month notice
Without agreemnt, tenancy can be terminate by giving 15 days notice.
No in that case it is not necessary.
If the leave and license agreement is not registered than its not a valid rent agreement and the tenant has no binding on it if he has left the room. here owner can get in trouble if he goes legally fit . becuae as per law a rent agreement compulsory be registered with registrar.
1. it must be a not registered agreement with 11 months of time.
2. If it is so, it ends near april, 2019 and must have been renewed as per the understanding between the landlord and tenant orally.
3. its a positive sign for you as in case, if this is the situation, you are not liable to pay the rent and also entitled to the return of the security amount alongwith your belongings.
4. Sending a legal notice to that effect will serve your purpose, where you will be asking for the money you paid as security and your belongings and per delay in the return, interest amount. This will suffice your requirement.
Dont forget to rate positively.
You can contact me for consultation and sending legal notice on your behalf.
Regards
Yuganshu Sharma
ADVOCATE
DELHI HIGH COURT
- As per law, if the agreement was for 11 months , and no new written agreement was signed , then after expiration of the old rent agreement , you are not bound with the contents of the agreement.
- Hence , notice period pay does not arise, and legally the landlord is under obligation to return your deposited amount to you.
- If landlord refused to return the amount , then send him a demand notice , and mention that , in case not refund the amount , then you would be constrained to take legal action against him.
Yes as it would be considered as deemed renewal.
There is no agreement you signed.
That was just a printed paper, not an agreement,
Ask him to pay back deposit otherwise send him a legal notice and complaint to the police and Delhi MCD.
He is doing illegal
1. Till Tenant raises a dispute and according to several court judgments, Tenant /Landlord is bound to give one months notice to each other for vacating house. There is no exception to this, even IF agreement has expired or not renewed.
Hello,
- If the Agreement expired and no renewal was done, you don't have to pay as there is no agreement binding.
- Even if there was a notice period in the original agreement, when there is no agreement, there cannot be anything binding.
No you don't have to pay. In fact dont oay anything now. He may take your security money and adjust it.
Those agreements do not hold in eyes of the court. It wasn't registered and you do not have a copy of it.
1. If there was no fresh agreement or the original agreement was not renewed then he cannot claim rent till June or right to be given notice.
2. You do not have to pay till June, but if the amount is small then it is better to amicably settle the dispute. If you go to court for recovery of a small sum of money then your legal expenses will exceed the amount you intend to recover.
It depends on what is written in the said agreement. If he is not returning your belonging you can file police complaint of required. But if agreement gas notice period you need to inform him in advance or pay for notice period. He can't illegally keep your belongings like this. If he needs to take action he has to file a suit in court
Dear Sir,
You are suggested to strongly reply the information given by the landlord that you are leaving the room because of covid 19 pandemic and not as a matter of choice and the landlord should commit relaxation.
1. If agreement is expired and if there is no condition to continue same or extend then you can terminate without notice on expiration.
If you have signed the rental agreement containing the said conditions then you may have to abide by the conditions.
However if your agreement is only for 11 months then how did you live there without any renewal.
You may communicate your decision to quit the rented premise and demand return of your caution deposit by sending a legal notice, if he's not agreeing or complying with the demand made then you can drag him to consumer forum for relief and remedy.
If you have overstayed the agreement period then your rental agreement shall be deemed to have been renewed.
However that will not prevent you from issuing a legal notice demanding the return of your deposit amount.
You can proceed as suggested.
If as per the agreement, tenant is required to give two months notice, then legally you have to pay till june22.
Normally notice in advance is to be given if you are
vacating the rented premises before the end of
contract period. Since your contract period is expired, you need not be required to give such notice. But read the terms of your rent agreement which will
make things clear to you in this matter.
Normally notice in advance is to be given if you are
vacating the rented premises before the end of
contract period. Since your contract period is expired, you need not be required to give such notice. But read the terms of your rent agreement which will
make things clear to you in this matter.
Without understanding the T&C of the Agreement it is difficult to guide you.
Assuming that, it is one month notice, then you have to serve the notice period.
Land Lord can deduct the one month's rent from the caution money deposit towards notice period.
In case if the agreement is for 11 months, and it is not renewed under such circumstances, you need not give notice.
You can inform him that, since agreement is not renewed you are not bound by the same, as such, no need to give notice and not liable to pay rent for June, 2020.
1. You have to serve notice period or give rent of one month on immediate vacation of room.
2. You can try to negotiate the rent in ground of corona crisis due to lockdown.
