• House Vacation Notice period issue

I am facing issues with the landlord while vacating the house.
As per the Agreement i was supposed to give a months notice which i gave telephonically and reconfirmed after 15 days, he denied of being info of the same and insisted that the notice has to be in written. Although i sent that also but the time difference in verbal and written communication is costing me 15 days rent (Rs. 15000) and its against ethics as i had informed him in time. The landlord has visited the house and have come up with another issue of painting the house or he shall deduct the same from my deposit (Rs. 10000 approx), my deposit amount is Rs. 80000.
The house no mentioned in agreement is also wrong. 
How should i go about it.
Asked 1 year ago in Property Law from Pune, Maharashtra
Religion: Muslim
1) if agreement is silent regarding painting to be done on licencee vacating the premises landlord cannot recover said amount from security deposit 

2) as far as notice period is concerned written intimation has to be given to landlord if you want to vacate the premises . Landlord can recover rentals for notice period if no written intimation given to landlord 
Ajay Sethi
Advocate, Mumbai
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1471 Consultations
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The notice ought to have been given in writing. How do you prove a telephonic notice? The landlord is legally right in deducting the rent proportionate to the period of default. For unauthorized deduction on the pretext of painting the house you can refuse to accede to his demand and then file a lawsuit for recovery of money with compensation against him.
Ashish Davessar
Advocate, Jaipur
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506 Consultations
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Try to resolve amicably.
Since deposit is lying with him , he is holding you in ransom.
The demand of landlord is wrong more so if there is no mentioning of giving written notice of termination of tenancy.
Painting job is also wrongful demand.
You send him a legal notice asking for full refund and if he does not do that then lodge criminal complaint of fraud and criminal breach of trust. 
It should work.
Devajyoti Barman
Advocate, Kolkata
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78 Consultations
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