Land Lord Tenant Conflict Land Lord Tenant Conflict

2 years ago

Sir/Madam,
I am a landlord, and a tenant has taken my property for rent couple of months back. Within 24 she informed me that she wants to vacate due to her personal issues for which she has to move out from Chennai to her native. She dint give me any fixed date or period saying when will she tentatively vacate. I informed her that I need a tentative date when she will be vacating based on which only I will advertise and search for a new tenant as no tenant will take the house without knowing from when it is available. She has taken her won time to confirm on the date or week she is planning to vacate. Almost after one and a half months she confirmed on the date of vacation which is hardly 5 days from now. Now she is claiming that she has already given me 2 months notice.
I had a clause I the agreement saying that the tenant should cooperate in showing the house to a new prospect after a vacating notice is given by the tenant. She is not in town till not and has not supported me in sowing the house to a new prospect. Overall she has not given me flexibility in finding an alternate tenant. Her untimed notice and non cooperation of showing the house to the new prospect has put constraints on me in finding a new tenant.
Now my stand is that I have told her that I can consider the notice only from the day she conveyed me the date she is vacating. Is this fine? I have all the dissuasions with the tenant in the form of watsapp chat as evidence.
Please suggest me.

Thanks,
Allen

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
There cannot be any issue for the landlord to deduct two months salary from the advance amount and ask her to approach any Court since she has not given proper two months notice and thus violated the terms of rent agreement.

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Tanmoy Chattopadhyay

Responded 2 years ago

A.Yes Mr Allen you are correct on your stand and a notice without complying with the requirement of a notice is no notice in the eyes of law and since she didn't confirm the date on which she intends to vacate the room its a case of incomplete or no notice and no consequences of such notice can be advantageous for the tenant. In any case the notice is only complete from the day she has informed of the exact date of vacation and for all purposes that day is the date of notice and the notice period has to be calculated form that day. As far as violation of the clause of the agreement is concerned the non-cooperation on the part of the tenant can give rise to a case of breach of contract for which the damages can be recovered under a civil suit. The evidences in the form of whatsapp chat will be admissible in the court of law.
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Augury Firm

Responded 2 years ago

A.Your stand is correct. You can have a notice/letter drafted for her talking about your stand and stating the clause of agreement which she violated and also state that if she does not cooperate with showing the house to the prospective tenants then she is liable for damages and loss.
Augury Legal firm

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Vaidehi Samant

Responded 2 years ago

A.This is a matter of negotiation. Practically I don't think either of you would want to sue each other before the Court for few thousands hence better solve this issue amicably and secondly you being land lord have right to cut the amount from the deposit of the tenant to the extent you feel you have faced any inconvenience as per the agreement but again I would advise you to solve this matter amicably with your current tenant so that there are no unnecessary disputes and you are peacefully able to give house on rent to your prospective tenant. Thank you.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You can approach the court. You have right to get compensation from the tenant in case there is breech of agreement from the tenant's side and you had loss because of that action.
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Anik

Responded 2 years ago

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A.Hi,
You can sue him for the breech of the agreement. You can approach the court for the compensation in case if you had any loss because of the tenant's act. Both parties should follow the conditions mentioned in the agreement
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