• 2 month rent deducted even after vacating house in 1 month

I have rented a flat in an apartment in Bangalore. In the rental agreement, landlord mentioned the notice period as 60 days which I signed. On July 30th, I informed landlord that I would be vacating the house by August end and I vacated the house on August 31st. But the landlord deducted one more month of rent from security (i.e., for September) claiming that the notice period is 60 days. The house has already been rented out to another tenant on September 1st. 

   How can the landlord deduct one more month's rent using notice period as a reason as he would be collecting September's rent from new tenant as well. Landlord claims that the agreement ended on the day I vacated the house and that he could rent it out to a new tenant from September. Can this be challenged? Can I send a legal notice to landlord about this?

   The agreement was made for 11 months and we vacated the house in 4 months.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) you have given only one month notice 

2) your agreement provided for issue of 60 days notice 

3) since you failed to give 60 days notice landlord was justified in deducting one month rent 

4) issue of legal notice would not serve any purpose 

5) the fact that landlord got another tenant is immaterial 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1) you vacated the premises on 31st August 

2) once you vacated the premises landlord can give the premises on leave and licence to another licensee 

3) landlord can recover the rental amount for the moth of September as you did not give 60 days notice as stipulated in agreement 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Hello,
1) The landlord deducted an additional month's rent as the notice period was 60 days whereas you gave notice of one month.As you signed the agreement he can deduct the rent legitimately.

2) The fact that you vacated after service of notice of one month brings the agreement to a close. You can only negotiate with the landlord and not challenge his renting it out to a new tenant.

3) A legal notice will not serve the purpose, as if he chooses to not reply you can not take any further legal action like filing asuit against him.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hello,
1) Though the notice period was 60 days, the moment you served one month's notice and gave vacant possession to the landlord you cease to be a tenant and can not make any claim under the same.

2) The termination of the leave and license agreement came to a close and the premise is not rented to you from the time you vacated.

3) However you can certainly send a legal notice if you choose to do so. State in the notice that the land lord is at no loss by your vacating the premise with a short notice as he has a new tenant and is thus gainful. Secondly state that the landlord was agreeable to this arrangement when you served notice.

4) If the land lord does not comply, file a police complaint along with a copy  of the legal notice. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Your relationship with your landlord is governed by the rent agreement which you had executed with him. As such, it is the founding charter of your rights and liabilities. Whether he will get a new tenant or not is totally immaterial. The rights which have accrued to him under the rent agreement executed with you can be enforced by him. He is legally right in deducting a month's rent.

2. The notice period is to begin from the date on which you serve the notice to him. 

3. If there is a lock in period then he can sue you for recovery of rent equivalent to the remaining lock in period and also compensation.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
The two months notice period is in vogue, the total tenure of your stay was just 4 months against the 11 months rental agreement period which has not expired.  Therefore as per agreement conditions the landlord is right in deducting the two months rent from the security deposit.  However since you have already given him a notice that you will be vacating the premises within a month, it becomes his duty to inform you that since the conditions of rental agreement says that two months notice period is mandatory, two months rental amount shall be deducted.  Ifhe had kept quite at the time of receiving the notice period about this clause it can be taken that the said clause if not operative and he is bound  to return the advance amount in full after genuine deductions.  Especially if his premises was occupied by another tenant immediately it becomes his moral duty to return the excess deducted amount to you. Did you serve the vacation notice in writing?
You can issue a legal notice to him demanding the amount deducted in excess to the actual deduction, failing to invoke any response to the you may initiate recovery process through court of law on the above lines/grounds.. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1. The agreement should have mentioned that if the land lord can get a fresh tenant then the amount of rent for the month he will deduct for issuing short notice will be refunded,

2. In the agreement the notice period has been mentioned but he has not been barred from inducting fresh tenant during the notice period when you are not staying in the premises but are paying rent,

3.It will not be prudent on your part to take legal action which may cost you more than the recoverable amount, if at all recovered. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. No. Th property was leased to you for 11 months,

2. The lease period ended the moment you vacated the premises after giving notice.,

3. If you had vacated the premises but kept it under lock and key for one more month, he would not have any legal right to induct any tenant for that said one month.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
435 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0