Our 11M Agreement expires Feb 29, 2016. The Agreement has 3M Notice and Deposit of ~1 Lakh. While entering into agreement Landlord and his brokers verbally assured that the actual notice will be 30 days - and as novices we trusted.
Now, Landlord is denying any conversation of 30 days notice and asked to serve 3M notice. We are not renewing the Agreement. Are we bound to serve 3M notice? Can Landlord forfeit our security?
One catch is landlord kept the agreement with himself - not provided a copy. All payments have been made through Cheques. Not clear whether auto renewal was in the agreement or not
Asked 9 months ago in Property Law from Gurgaon, Haryana
1) you are not bound to serve 3 months notice
2) 3 months notice would be applicable only if you terminate agreement
3) no question of 3 months notice on expiry of agreement
4) landlord cannot forfeit your security deposit
5) if agreement is regd you can obtain copy from sub regsitrar office
On Agreement - I signed first; Broker said Landlord will sign and then they will get is registered/notarized and provide me a copy. I've not been provided a copy - so I am not even sure whether Landlord even signed it or not; and after that was it even registered or not.
However, all payments have been made through cheques (except one which was NEFT transfer).
What way out do I have legal or normal? I am ready to serve 1M notice as Verbally agreed.
If Landlord does not agree; what Legal provisions do I have? Should I send a notice - with all the payments details (with cheque numbers etc.). Can It backfire and I end up losing my security amount.
Asked 9 months ago
1)catch hold of broker ask him for your copy of agreement
2) amicable solution is best option
3) litigation is an expensive proposition . '
4) if landlord refuses to refund your SD issue legal notice
If you trust the other party's verbal assurance to waive off compliance of any of the conditions in the agreement then you do so at your own peril. The 3M notice period incorporated in the agreement is sacrosanct, on violation of which he may forfeit the security deposit. It was also unwise to not to retain a copy of the agreement. You have to honour the agreement. You do not have any cause of action against the landlord. Act wisely next time.
if agreement expires normally as today is last date for renewing, it is presumed that you and the landlord do not want to renew it. Therefore the mandatory notice of 30 days or 3 months would kick in only during the subsistence of the agreement, and not after it has lapsed.
If you do not remember the clauses in the rental agreement then if there is a clause indicating that the agreement will be renewed automatically then you will have to issue the mandatory 3 months or 1 month notice if you want the landlord to refund back the security deposit amount.
In order to raise a dispute you must first issue a legal notice to the landlord and thereafter file a HRC Petition or Original suit for the recovery of security deposit amount and other incidental charges therein.
what suits your case consult an Advocate for this and take it forward.