Notice period before vs notice period after lease ends
Situation:
-On 10 Oct 2015 - I finalized a house and paid 1lakh (deposit)+18k (rent)+ 1k(Water)
-This continued till Aug 2016
-In Sept, I paid additional 1.8k (increase)
-On Sept 15, I gave 1 month notice
According to Agreement:
-"The duration of this renewable rental agreement is for a period of 11 months commencing from 1 Oct 2015. And it may be renewable or extendable for further period by increasing rent for the existing rent by 10% over the current rent once in every year" --> It just says for further period but doesn't soecify the duration so I think it should be month on month notice. Also, I have not received / signrd new agreement
-"It is hereby agreed that 2 months prior notice on either side is required for termination of tenancy" --> While it says 2 months, I think it is only applicable with 11 month period and not after the lease agreement expires
Problem:
-Lease starts from 1 Oct, 2015 --> However, I paid 10 days rent extra as owner wanted to keep it from 1st to 1st
-Although I gave 1 month notice, owner is forcing me to give 2 months notice - Fail to understand why I should serve same notice after lease expired and new one is not yet given to me
-There is also a clause that I give 1 month rent against maaintenance and painting - Is it mandatory even if I maintained it just like new, got pest control done all by myself
Ethically, I think owner should only deduct 5 days rent (from 11 oct to 15 oct) and maybe 1000-2000 extra for cleaning and refund the rest of my deposit. However, please advise what is considered correct legally and what I should do next if owner continue to demand 2 month notice, take 1 month rent toward maintenance & painting, and demand rent for 1 oct to 10 oct as well.
Regards,
Hemant
Asked 7 years ago in Property Law
Religion: Hindu
I plan to send following communication to my owner, kindly suggest any modification/correction just in case the owner continues to adhere to his own terms.
"
-The obligation to serve the notice period ceases to exist once the agreement has run its full course (i.e.) the notice period is to be served if and only if one is to vacate the premises within 11 months
-The increase in rent should take place only after new lease is made and agreed by both parties
-Till no active agreement is signed, the rent is on monthly basis
-Flat keys were handed over to me on Oct 10, but for convinience the agreement was made from Oct 1 based on mutual understanding
-Last time when I was planning to move due to road and parking issues, we discussed that
a. Since the flat is recently painted, the notice period is 2 month.However, 1 month notice can be considered if I decide to leave after 6 months
b. If house is in good condition and doesn't require repainting or just need minor touches (or single coat), then only 10k would be deducted
In Summary:
-I have paid rent till Oct 10 already
-The increase in rent (Rs. 1800) is not ideally correct
-The deposit of 1 lakh should see following calculation if I vacate on/before Oct 9
1. As per our discussion:
1lakh
-10k (Repainting and maintenance)
-3.3k (5days rent as per revised rent considering notice was given on 15th)
= rs. 86700
2. According to papers:
1lakh
+1.8k (extra I paid)
-18k (one month rent)
-6k:(10 days as on papers it starts from 1st)
= rs. 77800
Therefore, to avoid any conflict and continue to have regards for one another, I propose that I vacate by 15 Oct and rs 82250 [(86700+77800)÷2] from 1 lakh deposit is refunded to me.
Regards,
Hemant
Asked 7 years ago
