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?
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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
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.
The notice asked me vacate the house by Jan 29th. I would like to ask Mr. Sethi, how can a tenant vacate a house on a specified date (in this case 29th Jan) when the owner gives a notice. A tenant may or may not find a new place to stay exactly on a specified date. 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. To Mr. Murthy: 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?
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
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.
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.
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.
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.
