• Notice period to vacate rented house

Hi,
What is the notice period required to be given by the tenant to the land Lord before vacating the rented house. Is there a fixed notice period binding 11 months agreement made or is it according to what is mentioned in the rental agreement. For example, if the mentioned notice in the agreement is 3 months, does this apply or is there a fixed notice period like 1 month according to rent control Act.

Please provide clarification on this.
Thanks.
Regards,
Thirthaprasad
Asked 9 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1)terms of agreement are sacrosanct 

2) if as per leave and license agreement notice period is to be given of 3 months you have to give 3 months notice period as stipulated in the contract 
Ajay Sethi
Advocate, Mumbai
26104 Answers
1419 Consultations
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Your question is confusing.
Do you refer about the notice period to be given for termination of the rental agreement during the effective existence of the rental agreement?
If so, the terms and conditions of the agreement can be a better guide for you, if as a tenant you are required to give three months notice period to vacate the rented house then you may have to comply with it and suppose there is no such period available from this date till the date of expiration, then the available period may be treated as notice period.
If the rental agreement of 11 months is expiring and you are vacating on the expiration of such tenure, then there is no need to give notice period except intimating the owner about your intention to vacate on expiration and ask him to be ready with the advance amount paid by you for returning the same on the date you hand over the keys on the house. 
T Kalaiselvan
Advocate, Vellore
16463 Answers
153 Consultations
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1) landlord can claim  3 months notice period as mentioned in leave and licence agreement 

2) if it is mentioned in agreement that 3 months notice period be given you cannot insist that you will pay only for one month notice period 
Ajay Sethi
Advocate, Mumbai
26104 Answers
1419 Consultations
5.0 on 5.0
The notice period has to be what is mandated in the agreement. There is no provision of law that mandated a specific notice period either way. 
Ashish Davessar
Advocate, Jaipur
19133 Answers
484 Consultations
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On what basis do you claim it is 'wrongly' mentioned? Once you have signed the agreement it binds you, so it is immaterial that you overlooked it. The owner has the right to seek compliance of the notice period mentioned in the agreement.
Ashish Davessar
Advocate, Jaipur
19133 Answers
484 Consultations
5.0 on 5.0
Hello,
1) Usually in the absence of any specific term of notice period mentioned, a one month notice would be a presumption .

2) However if there is a stipulation of a certain number of moths for notice specifically mentioned in the Agreement the parties concerned shall be governed by such terms as far as the notice is concerned.
S J Mathew
Advocate, Mumbai
1980 Answers
75 Consultations
5.0 on 5.0
Hello,
1) You are right in understanding that the notice period is one moth in the absence of any other stipulation in the agreement. For instance if the draft lacks clarity and says that either party can serve notice to terminate the Agreement, it shall be construed that the notice period is one month.

2) By the fact that you have entered into an agreement with specific notice period in the terms, you are bound to comply, despite the general understanding that is prevalent.

3) It would be advisable therefore to reach an amicable settlement with the house owner.
S J Mathew
Advocate, Mumbai
1980 Answers
75 Consultations
5.0 on 5.0
Hi
 Notice period is what is decided and singed mutually by the parties., if you had not made objection at the time of signing it , now owner is upholding the condition that 3 months notice, legally you cant do anything other than trying to convince the owner 
There is no fixed notice period under the provision unless it is specifically said parties are not bound, however in your case it is specified 3 moths.
since the clause is included in the agreement  the landlord can ask you 3 months rent.
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
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Minimum is 1 month maximum is 3 months, it varies from landlord to tenant, what is mutually agreed to by parties constitutes an agreement, and not what the law stipulates.
If both parties have signed and consented it to be 3 months then notice period is 3 months and now you cannot dispute it as 1 month.
Kiran N. Murthy
Advocate, Bangalore
810 Answers
56 Consultations
5.0 on 5.0

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