• Rental agreement cancellation

Hi i have rented my flat and made 11 months rental agreement with notice of 2 months to vacate if at all before expiry of the rental agreement.
Now my tenant wants to vacate the flat after staying for 6 months and gave 2 months notice.
whatz the process for termination or cancellation of rental agreement if at all it exists.

please advise kindly.
Asked 1 year ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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7 Answers

By issuing notice of termination as per of the  agreement, tenant has surrendered the tenancy. Issue him reply accepting the  termination of tenancy enclosing copy of agreement. That is equivalent to cancellation of tenancy by both the  parties.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

on expiry of 2 months period agreement stands terminated 

 

2) take possession of flat and return the security deposit 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

If you have no other valid reason to object his notice of vacating the premises, you may inform the tenant about your acceptance and instruct him to deliver vacant possession on due date.

 

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

You can also give him a reply in the same manner as he did.

This is just a legal formality.

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

send your acceptance by email or post 

 

mere whats app is not sufficient 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

Dear Client,

The notice from the tenant stating two months is as per the rental agreement, making the termination quite a painless affair. You can acknowledge and accept the notice verbally and in writing by sending a written reply, and you can even share a Word document over WhatsApp. Legally, you don't have to send this copy as well because communicating over WhatsApp, including sharing of a Word document, can be held valid where parties consent to doing so. The necessity to include the lease agreement is not applicable since the terms are already decided. After the notice period is over, take possession from the tenant and sort out all the dues or property inspection issues.

Thank you hope this answers your query.

Anik Miu
Advocate, Bangalore
11025 Answers
125 Consultations

- You can terminate the agreement after sending a Legal notice. 

- However, if the tenant is given notice for cancelling the agreement , then you can take the possession of the tenanted premises. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

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