• Notice period to end tenancy just before expiry

My tenant went for two months to home town with his family as he quit his job. I could not reach him on phone as it was switched off. He comes back and after a week he tells me he wants to move out just before our agreement expired saying he cannot afford it. Later he moves into a house in the neighborhood for same rent. Now he is refusing to pay notice period of two months rent saying the agreement has expired on 29th and he had given three weeks notice. I still have to pay back his SD. I need to hold back the SD till I find another tenant. I am stuck as I am in between jobs and have a family with sick parent and loan to repay. after verifying the status of the house. 
Let me know what do i do. The agreement was done for 11 months.
Asked 9 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1)on expiry of the agreement no notice period is required to be given by tenant 

2) you will have to return his security deposit on expiry of the agreement 

3) if tenant has paid rent for period of 11 months ie period of leave and licence agreement you cannot retain his SD 
Ajay Sethi
Advocate, Mumbai
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You can forfeit his SD proportionate to the default period, meaning thereby his SD can be returned after deducting the amount proportionate to three weeks.
Ashish Davessar
Advocate, Jaipur
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1. Well since the terms of the agreement is reproduced to us it is difficult advise on this scant information.
2.If there is clause in the agreement for withholding the SD in default of paying rent for notice period then you can deduct the same .Else you can not held back the SD only because he has left earlier than originally agreed.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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After the expiration of agreement the tenancy is legally ended. After the expiration of time and if he used the premises you can ask the rent . It is your duty to return his SD . 
Ajay N S
Advocate, Ernakulam
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19 Consultations
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You should file a case before rent controller for recovery of rent due according to L&L agreement. He is bound to pay due rent. His act constitute breach of agreement and you have right to claim damages for such breach. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
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You cannot hold back his Security deposit beyond the period of rental agreement.  If he has given three weeks notice period and the tenancy expires on the completion of three weeks period, you have no right to demand notice beyond that period.  This notice period will be valid only till the rental agreement is valid and effective and not beyond that period. Getting a new tenant to that place is not the problem of the tenant who is vacating it. You can deduct the proportionate security deposit amount to the extent of valid notice period only. As far as possible let go the things amicably.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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