Notice period on rental house Notice period on rental house

3 years ago

Hi,

My rental agreement was done on 2nd Feb 2020 for 11 months and hence ending on 1st Jan 2021. My tenant has told today i.e 14th Dec 2020 that they plan to vacate the house by 31st Dec 2020.

As per my rental agreemnt, both parties have to give 60 days notice to vacate the house. In my case, since they have given the notice today, can I ask for 2 months notice period as the notice was given while the rental agreement is valid. If they do not agree, can I deduct 2 months rent from the advance deposit.

Anik

Responded 3 years ago

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A.Hi,
It depends on the terms mentioned for the renewal of the agreement. If the agreement is silent on that then by that the agreement will cease to exist on 1 jan and thus the tenants cannot be held liable.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
It depends on the terms mentioned for the renewal of the agreement. If the agreement is silent on that then by that the agreement will cease to exist on 1 jan and thus the tenants cannot be held liable.
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sanjay panda

Responded 3 years ago

A.Dear client
As per terms and conditions of agreement both party liable to abide. On their notice you can reply and demand mentioning 60 days period notice period and in failure further step as per agreement.
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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.basically he had to give 2 months notice.
if rental agreement coming to end then you can not claim until there was condition that rental agreement will automatically renew or that there will be increase of __ percent rent after 11 months.
There a condition that it will be renewed only after mutual consent ?


Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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Prashant Deshmukh

Responded 3 years ago

A.giving of 60 days notice is applicable only if either party is going to terminate rental agreement in between during the agreement period. Your agreement expires on 1-1-2021 and your tenant is vacating the premises just one day prior to that hence not a single day notice is required. It is assumed that they are going to vacate the premises on last date of agreement if they do not wish to renew the agreement. So you can't take extra rent from your tenant.
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