Notice period before vs notice period after lease ends
-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
-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.
Asked 8 months ago in Property Law from Bangalore, Karnataka
Assuming you are in possession of this rented property - please consider doing this and you will be able to settle the scores easily with your landlord.
a. write a complaint to the SHO concerned and mention that the Landlord has not renwed the lease and now threatening you to vacate the house with an intention to forfeit the security given to the landlord.
b. ideally your 1 lac security is equivalent to 5 months rent......hence consider doing this ......DO not leav / vacate the property .....On month on month basis for future months onwards pay only 8k as rent and this rent to be deposited in the landlords account directly. Deduct 10K per month from the security for next 10 months, keep staying in property and vacate the property in the 11th month.
c. In case you receive a legal notice of vacating the property .....consult a local lawyer and reply to him
The above is to be done if you can stay in the property and want to fight against the harassment of the landlord.....but if you can not do above then ........send a written request to the landlord for renew of the lease and continue staying in the property...if he does not renew or renew with unacceptable terms ..file a stay application in the civil court concerned .
Best of luck
1. If the duration of the agreement was 11 months the increase in rent was to take place on the renewal of the agreement.
2. The obligation to serve the notice period ceases to exist once the agreement has run its full course. IN short, the notice period is to be served if and only if you were to vacate the premises within 11 months.
3. Since the lease came into inception on 1st October that would be the date of commencement of the lease even if you got the actual possession 10 days later.
4. If the agreement mandates that a month's rent should be given then it has to be honoured.
All the terms and conditions will be applied as per the rent agreement executed between you and lendlord.
You can not presume yourself that one month notice is sufficient or you are not liable to pay for maintenance and painting, your landlord is very smart who execute the rent agreement mostly in his favour, now you are legally bound to serve two month notice and pay maintenance amount as per rent agreement.
Feel Free to call
Advocate, New Delhi
1) you are absolutely correct . once leave and licence agreement has expired you are not bound to give 2 months notice
2) you should inform the licensor that 2 months notice period was required to be paid during duration of leave and licence agreement
3) request him to refund the balance security deposit
4) you would have to give one month rent towards painting on vacation of licensed premises in September 2016
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
-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:
-10k (Repainting and maintenance)
-3.3k (5days rent as per revised rent considering notice was given on 15th)
= rs. 86700
2. According to papers:
+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.
Asked 8 months ago
send letter to licensor
2) amicable settlement is best solution
3) if you go to court you would spend more money in litigation fees
I would say that get the rent agreement vetted by a lawyer once and then only send any communication to the landlord.