After expiry of tenancy, it can terminate forthwith by either party. 3 months notice was valid during tenancy period.
Stop paying rent and tell him to refund if any security paid.
Is notice period necessary for vacating house on tenancy expiry
My tenanacy expires on october end. I informed my owner before 50 days ( sep 9,2020). He says 3 months notice is needed for vacating. He mentioned a clause in the agreement as ' tenancy is strictly for a period of 11 months and tenant shall vacate the property after 11 months and handover it to the owner' Anothet clause is, ' the tenancy can also be terminated by giving 3 months prior notice ' My question is, Im vacating on tenancy expiry which has no notice period and I'm completing my tenancy.. Do I have to give 3 months for vacating on agreement expiry too?
Asked 5 years ago in Property Law
Religion: Hindu
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20 Answers
No notice is required on the competition of tenancy. You should not pay him any further rent
You don’t have to give 3 months notice if you are vacating premises on expiry of 11 months period
Are you going to challenge in Court?
If yes then it is not necessary to give notice.
If No, Don't get into issues.
Regards
G.Rajaganapathy
High Court of Madras
Yes if he is not vacating
No notice, at efflux of time of period of agreement .
1. Yes, if you terminate the tenancy on expiry io its validity , i.e. 11 months then there is no question f giving any notice , least of three months.
2. The question of 3 months would have arose had you terminated the tenancy uch before 11 months.
3. Therefore there is no legal basis on the demand of the landlord and you can quit the tenanted premises forthwith.
4. Ask fir refund of security deposit, if any
Yes if your agreement has notice period you need to give it if not given you need to give it later after expiry for vacation of flat.
In case you're vacating the tenancy on expiry, no notice is required to be given.
Since the tenancy itself would expire after 11 months, there is no necessity to issue a notice to the owner.
The three months notice period clause is applicable only if you would like to terminate the tenancy before completion of the 11 months of tenancy agreement
You can inform the owner that in the absence tenancy agreement the said clause is not applicable nor enforceable, if he still insists on it then you can inform him that you have no option than to drag him to court of law seeking justice against him at his costs and consequences.
Yes.
No, you don't have to give a notice of 3 months in case the agreement is expiring.
The 3 months is an notice period is an alternative mode of termination when the tenancy is sought to be terminated before the expiry of agreement.
No in this case you don't have to give any 3 months advance notice
Dear Client,
Notice is the first step to file the case of recovery and eviction. First you need to send him a Eviction Notice and if after reeving the eviction notce, he does not vacate the rented premises then you may file the case for Eviction. Sending Legal Notice would cost you only 1000 to 3000 depending upon the advocate.
You can vacate the premises by giving a proper notice of vacation as per your rent agreement Or rent equivalent to period which you are not willing to serve is to be paid to landlord.
Dear Sir/Madam,
You are suggested that you are not required to give any notice and vacate the premises on completion of tenancy.
- 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 three months, 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.
- The said clause mentioned in your rent agreement that the tenancy can also be terminated by giving 3 months prior notice will apply when you are going to vacate the premises before the expiration of the tenancy period , otherwise this notice period will not applied in your case.
- Hence , you are free to vacate the tenanted premises without paying any extra amount to the landlord.
notice period not required, you can vacate on expiry of 11 months period.
After expiry of the tenancy, the tenant may very well vacate the property. No notice period is required. The notice period applies only in the case of early termination of the tenancy.
Since you are vacating the property after expiry of the tenancy agreement no notice is required. Don't listen to him.
