You have to go as per your contract. Notice period is fo the landlord to arrange another tenant and not bear loss for earky termination. If he doesn't return you deposit you can file recovery suit with civil court. If you dint vacate after expiry then you will secure more loss. You can send him legal notice and vacate the premises
Vacating rented flat as per contract date
I rented a flat in Bangalore for a contract period of 11 months from 21st May'22 which is going to expire on 22nd of April'23. It has a Security Deposit of 3 Lac Rupees and the rent is 60 k per month. I told my landlord on 11th March'22 that I would be vacating the apartment as per the contract. But he said I need to give a notice period of two months. My question is then why do we have a contract and the expiry date. My contract also says that if I don't vacate the flat after the expiry date then I will have to pay 2k every day apart from the rent. The contract also doesn't state any point if notice period except in the case when I chose to vacate before expiry and after completing the lock in period of 7 months, I would be giving a notice of 2 months. The contract also mentions that the landlord needs to return the Security Deposit on or before the Expiry date and any delay will result in a penalty of 2k per day. So what can I do to get my Security Deposit back and vacate the flat on the expiry date? What legal actions can I take against the Landlord?
Asked 3 years ago in Property Law
Religion: Muslim
8 Answers
No notice period of 2 months is necessary
your contract comes to an end on 22 nd April
ypu have to vacate premises on said date
if land lord refuses to return security deposits sue the landlord to recover a security deposit with interest
Have you sent the written notice over email or through registered post otherwise your intimation to him is of no use... He will deny without any proof like email or registered post.
If no time limit is given then notice period should be 1 month only.
His conduct showing that he do not want to return the security amount.
Immediately send him legal notice through lawyer.
If you send me your aggreement on telegram ID(see in last) I can give him legal notice with minimal charges... Advocate_panwar
You must sue him for recovery of the deposit
You must give two months' notice if you wish to vacate the flat before expiry date, otherwise no notice is required.
Hello,
1) There is absolutely no need to give notice period of two months if you are vacating the rented premise on 22nd April.
2) Two months’ notice period is necessary only if you are vacating the premise before the expiry date which is 22nd April.
3) If your landlord refuses to return your security deposit, as per the contract you can sue the landlord and recover your security deposit with the interest of Rs 2,000/- per day.
Best,
Adv. Zafreen Khan
You first communicate your decision to vacate the premises in the date of expiration of the agreement and make a demand to settle the security deposit amount on the same day when you deliver vacant possession and hand over the keys.
You keep a copy of this communication secured so that you can attach this as documentary evidence to prove your case in court if needed
- The notice period will apply only in the case, when you will vacate the premises within the agreement period
- If you are going to vacate after expiry of the agreement , then you need not to give him two months notice before as an information to vacate the premises.
- However, you should inform him before the expiration of the agreement in written that you are going to vacate the premises after completing the agreement , and ask for your security deposit
- If not refunded , then you can send him a legal demand notice for the same, and if no response, then file a recovery suit before the civil judge to get the entire amount with interest .
