• Landlord asking for 2 month notice period

I have been staying in rented house for 13 months(by end of this month). The rental agreement is from 1-06-2015 and for period 11 months.

The notice period from both parties is mentioned as 2 months. I have given landlord notice of vacating house a few days ago.

The Landlord is not agreeing for it and will deduct 2 months rent (for notice period) even if we dont stay in the house. Kindly advice.

P.S: We had a non-notarized stamp paper agreement.
Asked 6 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
you rental agreement is for 11 months .ie till 1-05-2016 

2) on expiry of agreement you should have vacated the flat 

3) was any extension granted by landlord in writing ? 

4) since agreement ahs expired there is no question of issue of 2 months notice period . had you  terminated agreement during notice period 2 months notice would be required 

5) refuse to pay for 2 months notice period . 

6) landlord cannot adjust  2 months notice rent from your SD without your consent 

7) you can sue landlord  to recover money wrongly deducted 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
As per agreement you should pay the notice period amount but because this agreement is not notarized and you are not willing to pay and vacate the house from immediate effects then it may also be possible that if you denied the agreement's terms and condition then the landlord told to you that forget the security money because there is no other documents except this agreement.

try to settled the matter amicably.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
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Was the rent agreement renewed after the expiry of 11 months? If no, how did you overstay for 2 months? Landlord is not entitled to deduct the rent of 2 months as the agreement had expired on 1st May 2016, whereafter the stipulation respecting notice period also ceased to exist.  If he does not return the security deposit then file a suit for recovery in court after issuing a lawyer's notice to him.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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Hi, It is better tried to settle the matter amicably, if you go for legally the expense is more than two months. It is better tried to convince him.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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landlord cannot seek 2 months notice period from you as you have not signed any agreement with the builder to that effect 

you can sue landlord to recover 2months rent wrongly deducted by him 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
You can, if you want to recover the entire security deposit, file a suit for recovery against him. The ball is in your court. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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The notice period is only  when you would like to terminate the rental agreement before expiration of the agreement.  Since your 11 months agreement has expired long back, the rental agreement stands terminated hence landlord's demand for two months rent is unlawful and illegal.  
If he is still insisting on it, you may issue him a legal notice mentioning his illegal demand and ask him to return the entire advance amount immediately lest he may face legal action through court for the same and the consequences thereon.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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I was planning to bring up the topic of a new agreement (was busy with work) but there have been a few frequent incidents recently in the building (including strangers entering the building and a possible burglary attempt). I am concerned for my family and have decided to move out immediately

Shifting your residence is absolutely your own choice and right, nobody can interfere in your decision and cannot ask you to stay or pay for the loss.  
Since your agreement stands terminated as on this day, he is supposed to return the entire advance amount, or else you can send him a legal notice and file a recovery suit.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0

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