• Tenancy Agreement

Sir, i have signed three years lease agreement at the time of occupying commercial place frm 15 June 2017 to 14 june 2020, with an increase of 7% every year, now i'm planning to close down my business due to current senario, diligently i was paying rent for last 3 years now i wanted to vacate premises the lord is insisting me to pay 3 months notice period., does this justifiable, According to me 14th june 2020 the contract expired, hence it has no invalidity nor i have signed new agreement or breached the contract.
Asked 1 month ago in Property Law
Religion: Hindu

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22 Answers

Agreement comes to an end on 14 th June 

 

2) you have to vacate premises on expiry of agreement 

 

3) the question of paying 3 months rentals does not arise 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

1. The clause of increase of 7% of lease amount can only be justified only till 14th June 2020, because the contract will be subsisting only till that date.

2. Since you have not executed a new agreement, owner cannot insist for 3 months' notice period now, as at this point of time, there is no contract subsisting between the owner and the tenant. However it's better to amicably settle the issue.

Shashidhar S. Sastry
Advocate, Bangalore
2915 Answers
167 Consultations

5.0 on 5.0

as a tenant, you would have to give a notice period of at least 30 days to vacate the property. 

Mohammed Mujeeb
Advocate, Hyderabad
17332 Answers
11 Consultations

4.5 on 5.0

1. If the contract itself expires on a certain date as mentioned in the rent agreement then there is no question of notice period unless it has been specifically mentioned.

2. the notice period is meant for earlier termination of the rent agreement and not for termination on the ground of efflux of time.

3. So in other words the demand of the landlord is unjustified and without any basis and hence you have every right to reject such demand.

Devajyoti Barman
Advocate, Kolkata
20789 Answers
296 Consultations

5.0 on 5.0

How much is rentals for 3 months ? 

you can sue the landlord to recover your 3 months rentals wrongly deducted by landlord 

 

you can also file police  complaint against landlord for cheating if he refuses to refund your money 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

1. If you have written record of the monthly rent and the advance amount paid to the landlord, inform him of the date by which you will be vacating in writing.

2.  Since you have informed him in writing, the landlord may likely decide to reply to you in writing, informing you of forfeiture of 3 months' rent towards notice period.

3. Based on the landlord's insistence of forfeiture of 3 months' rent towards notice period, you can send a legal notice for further legal action.

Shashidhar S. Sastry
Advocate, Bangalore
2915 Answers
167 Consultations

5.0 on 5.0

As per the agreement the lease ends on 14th June 2020. In such a case no needs for send 3 month notice for vacate the premises. So from 15 th day of June 2020 your occupation is un authorized.  The land lord can demand half month payment if you vacate the premises on last of June. The demand of landlord for three months rent is not justifiable one. If he deducts the same from your deposited amount then file a police complaint against him.

Ajay N S
Advocate, Ernakulam
3478 Answers
69 Consultations

5.0 on 5.0

When the lease expired there can be no notice period. Notice period can only be given when you leave before the expiry of the lease.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

He cannot. That is illegal. He should return the deposit as you do not wish to renew the lease. File a case if he does anything like that.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

When the agreement is coming to expiry than 3 months notice period is not required, serve him with a legal notice 

Rahul Jatain
Advocate, Rohtak
4059 Answers
4 Consultations

4.9 on 5.0

The notice period shall be applicable only if you decide to vacate the premise before the expiration of the current leas agreement.

Since your lease agreement has expired on 14th June, you are no more a tenant if the lease agreement has not been renewed.

The demand made by the landlord for the three months notice period rental amount is not legally valid or maintainable and cane  be termed as an illegal demand.

You refuse to pay the same and issue a legal notice demanding refund of your security deposit amount without any further delay or else to face the consequences in court of law.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

You do not have to wait until the month end, because he may charge you rent for the extra period you stayed beyond the agreement period.

You can vacate the premise, deliver vacant possession and make a demand for the refund of the deposit amount.

Failing to comply with the demand you may file a money recovery suit to recover the same along with interest and litigation expenses.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

You need to file suit for recovery of your complete deposit. 

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

1. If you have continued to remain in possession of the premises even after 14th June 2020 then you are still bound by the original contract as you have acquiesced to the original lease agreement.

2. If under the original contract a notice period has been mentioned then it has to be complied.

3. He will be entitled to deduct your refundable security deposit if you do not comply with notice period.

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

1. IF registered L&L Agreement has expired on 14 June 2020 AND "IF" there was no clause of automatic renewal of any further period etc.... THEN legally it means that the agreement has become infructuous at the end of term and the Landlord or you CANNOT enforce any of its clauses, which includes the Notice period etc....

2. Notice Period relates to intermediate "L&L Termination" which is during sustenance of the L&L agreement. Hence legally no Notice is issuable or receivable by both parties AND neither party is required to pay any amount for any such non-existing notice period.

3. Landlord is guilty of prosecutable offences of Intimidation, Mischief, Cheating, etc.... AND also becomes liable for "Recovery Suit" in Civil Court, at your hands.

4. You are advised to "Settle Amicably" or opt for costly Legal Disputes. EVEN IF you do not vacate without giving any reason, THEN after expiry of the L&L agreement, the Landlord will be forced to negotiate or file "Eviction Suit" in Civil Court against you, which will take several years for court orders.

Hemant Agarwal
Advocate, Mumbai
4976 Answers
24 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to look for closure and vacation clause after completion of lease period and then ask from your landlord to do accordingly. Also, serve him a legal notice and ask for the amount from the date of closure of agreement with the interest and compensation for mental agony etc. 

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

Dear Sir,

You are correct. He cannot insist for three months notice period. Impliedly and explicitly (in a clear and detailed manner) the agreement itself discloses the date of termination. Such question of issuance of three month notice arise only either party wish to terminate the tenancy before lock in period of 3 years. He is playing with me. A simple legal notice put him to terms. Never hand over the keys until he pays your amount. Tell him legally you stay there itself or lease out to any one more term o three years, any ask him to approach the court.

Kishan Dutt Kalaskar
Advocate, Bangalore
5522 Answers
193 Consultations

4.8 on 5.0

You can make complaint to Rent controller of you city that not returning the deposit amount when lease agreement is getting over.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

Plus you can make a police complaint in the nearest police station.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

From examining all the facts of your query I want to say that-

I can understand your concern in this regard. These cases are very common in various Courts of India and Supreme Court of India. Your lease agreement ended on 14th June 2020.  A relationship between a tenant and a landlord is documented in a lease agreement. It is therefore important to pay attention to the length and breadth of the lease in case of misconduct. The agreement should clearly mention the consequences of terminating it by either party before the end of the lock-in period. I have dealt with some of such cases in Supreme Court.

Typically, when the tenant has to vacate the house before the end of the lock-in period, the security deposit gets forfeited by the landlord. Similarly, if the landlord wants the house vacated before the end of the lock-in period, he/she has to compensate the tenant by paying an amount equal to the security deposit, in addition to the actual security deposit refund.

Note that the lock-in period is not the same as the notice period, which typically lasts one or two months. If the notice period is two months, you will have to give a two-month notice to your landlord in case you plan to vacate the house. However, the notice period is typically not valid during the lock-in period for either party.

I have recently issued Legal Notices under my signature to such delinquent landlords in various States in India via Registered Post and Email to settle the issues and many have come forward to comply with the rules I mentioned in the Legal Notice. You can send him the Legal Notice through Advocate. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalizes bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

 

You may contact my secretary to connect with me for clarification.

I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

 

Gopal Verma,

Advocate on Record & Amicus Curiae,

Supreme Court of India

Shri Gopal Verma
Advocate, Delhi
291 Answers
3 Consultations

4.0 on 5.0

1. If your term for lease agreement is expired and you havent make new agreement even then you have to serve notice period mention in the agreement or pay rent equivalent to notice period in case of immediate vacation of premises.

2. Landlord can deduct rent of three months from security deposit if you vacate the premises without prior notice.

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

- 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. 

- Further, if the agreement  is silent for the notice period , then just inform the landlord for the same, with the reasons. 

- Since, this agreement was ended on 14 June ,2020, hence by this way for termination , you are bound to pay maximum one month notice period and asking for 3 months is against the law. 

- Further , as you have paid June , rent , hence on the termination of the premises , the landlord is under obligation to refund your security amount after deducting one months notice period maximum.

- Even though, you are not liable to pay the notice period as well , on the expiry of lease deed and without entering into a new agreement. 

- You can issue a legal notice and thereby ask full refund of security amount from the landlord .

- if refuse , then file a recovery suit against him . 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

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