Notice period in rental agreement
My rent agreement says either party has the option to terminate this agreement by giving 1 month prior notice in writing. My rent cycle starts on the 1st of the month and ends at the end of the of the month.
I had given a written notice to my landlord on Sep 22 that I will be vacating the house in 1 month. Accordingly I have paid him rent till Oct 21.
Now he is insisting that I pay him rent for the full 1 month in Oct, I.e. up to Oct 31 because there is no provision in our agreement that says rent has to be paid pro rata when leaving before the end of the month. He is correct. There is no such clause. But the notice clause says the agreement can be terminated by giving one month notice and does not say that the notice should be given only at the beginning of the month.
Please let me know your views.
Asked in Property Law from Mumbai, Maharashtra
1) you have to pay rent till 31st October
2) since your rent cycle is from 1st of every month one month notice period would be from the end of the month
3) in any case it makes no sense in raising dispute for 10 days . Your litigation costs would far outweigh the benefits
Rent has to be paid for full month and the month is calendar month. One month prior notice is for the convenience. Do not read between the lines for your own convenience. We should go by the law n this regard
You may note that the tenancy was a monthly tenancy and the monthly rent agreed upon was for English calendar month, therefore you are liable to pay the rent for entire month and not on pro rata basis.
1. The landlord is right in demanding the rent for the full month. Unless there is a clause in the agreement which permits pro rata adjustment of the rent you are liable to pay the full monthly rental at the time of vacating the property.
2. The one month clause which you are harping on does not waive your liability to pay the full monthly rental.