• Rent for notice period when owner gives a notice

My owner gave me a notice to vacate the house on November 29th. We have agreed to a 2 months notice when we got the rental agreement made. The agreement states that 

"It is hereby agreed by and between the parties that, notwithstanding anything contained herein during the subsistence of this agreement and renewal thereof, the Tenants or the Owner shall have the option to terminate this agreement by giving to each other Two months prior notice in writing, and this agreement will accordingly stand terminated on the expiry of the said period of notice."

I have vacated the house on 1st Jan and moved to a new place, now the owner insists that I pay the rent for the period of Jan 1 - Jan 30 also as the notice period is for 2 months.

Is this the practice in Bangalore?
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) as per agreement you were required to vacate the house after expiry of 2 months . please clarify whether notice asked you to vacate house in one month or 2 months time 

2) if as per notice you were given 2 months time to vacate the premises and you have vacated house earlier on 1t January 2016 landlord will recover rentals for you for month of January 2016 
Ajay Sethi
Advocate, Mumbai
25893 Answers
1410 Consultations
5.0 on 5.0
You are not liable to pay the rent for the period of Jan 1 to 30, notice period was 2 months for which your owner is entitled to 2 months rent only, on 1st jan after he has taken back the vacant possession of the property he cannot claim rent for that period. Refuse to pay him the rent for the period Jan 1 to 30.
Owners here in bangalore tend to mislead people from out of town to their advantage.
Kiran N. Murthy
Advocate, Bangalore
800 Answers
55 Consultations
5.0 on 5.0
1) you have signed the contract you are bound by its terms . you could have vacated the house on day or two earlier . 

2) 2 months time is sufficient to find alternative accommodation 

3) tenant is being charged as he agree for 2 months notice period . if tenant vacate earlier landlord would be at loss for rentals for said month 
Ajay Sethi
Advocate, Mumbai
25893 Answers
1410 Consultations
5.0 on 5.0
Hi, you need not pay the rent of January, the movement you vacated the house you are not liable to pay the rent and it is Non-Sense for claiming rent even after vacating the property.

2. In your case two months prior notice, it does not mean that you have to vacate  exact after completion of two months.

3. You have a option to vacate the house with in two months.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
147 Consultations
4.3 on 5.0
I have vacated the house on 1st Jan and moved to a new place, now the owner insists that I pay the rent for the period of Jan 1 - Jan 30 also as the notice period is for 2 months.
Is this the practice in Bangalore?
If your house owner issued notice to vacate the house, he should have mentioned the period within which you have to vacate or atleast he should have mentioned in the notice that you have to either remain till the expiration of notice period or to pay the rent if vacating prior to that. 
In the absence of any such condition in the notice to vacate the premises, his demand is invalid and illegal. 
You can refuse his demand. 




Isn't the tenant at a disadvantage here? It is obvious the tenant can't overstay, then why charge the tenant when he vacates early. I understand if a tenant gives a notice and vacates early the owner is at a loss and the tenant is liable to pay in this case, but i don't think it is fair when the owner gives a notice to vacate.
I strongly support your views, you have a valid point to argue and refuse his illegal demand. You re absolutely right that yo never proposed to vacate the house and have done anything breaching the condition of the rent agreement.  So you may challenge the landlord properly.




I am little confused when you say the owner is entitled to 2 months rent, does it mean I have to pay him rent for Jan 1- Jan 30 because the notice ends on Jan 29th?
The landlord's demand is unjustified hence you may ask him to proceed legally which can be challenged in the court. 
T Kalaiselvan
Advocate, Vellore
16253 Answers
151 Consultations
5.0 on 5.0
It is the owners discretion to waive off the rent for the period 1 Jan to 30 Jan, the rent agreement stipulated a 2 months rent in the event either party were to give the notice to the other party. 
In this case the owner has given the notice to vacate, in your case you found a house within a month and decided to vacate it before 29th jan. None the less the owner is entitled to 2 months rent in lieu of your mutually agreed terms and conditions.
Like I said its the owners discretion to waive the rent for the period 1st jan to 29th jan.
Kiran N. Murthy
Advocate, Bangalore
800 Answers
55 Consultations
5.0 on 5.0
The notice period is sacrosanct. You should understand the clauses in the agreement before you sign it. If you vacate earlier than the notice period you are liable to pay the rent for the proportionate period which you have not served. The rent is to be paid from 1st to 30th.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 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
16253 Answers
151 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
25893 Answers
1410 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13127 Answers
280 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6384 Answers
71 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
62 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1343 Answers
93 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1975 Answers
75 Consultations
5.0 on 5.0