Flat owner not accepting 30 days eviction notice
11 months ago
Hi,
I am a Tenant currently renting a flat in Malad East area of Mumbai. I want to evict the flat and I have given notice to the owner for the same on 11th June 2023, so my last date should be 11th July 2023 respectively. I am following the terms of the agreement wherein I have to give a month's notice.
But my owner says I cannot end it mid month and it has to end by July end. This will result in me paying more even when I am serving a months notice.
My agreement start date is 01/02/2023 and ending on 31/12/2023
Can anyone please help me handle this situation and what are my options?
Please find the below term mentioned in our agreement:
10) Cancellation: That, Subject to the condition of lock in period (if any), if the Licensees commit
default in regular and punctual payments of monthly compensation as herein before mentioned or
commit/s breach of any of the terms, covenants and conditions of this agreement or if any
legislation prohibiting the Leave and License is imposed, the Licensor shall be entitled to revoke
and / or cancel the License hereby granted, by giving notice in writing of one month and the
Licensees too will have the right to vacate the said premises by giving a notice in writing of one
month to the Licensor as mentioned earlier.
It is a very small issue and better to settle amicably and you cannot get any remedy in civil Court unless you wish to continue your stay in the same house.
As there is no specific stipulation in the leave and license agreement specifying the date of serving one month's notice before vacation of let out premises, and in the absence of such specific stipulation in the agreement, Landowner's claim is arbitrary and unjustified. You may strongly argue the matter once on this point and settle the issue amicably failing which you may reach out to the office of Rent Controller concerned to make a complaint on the subject.
But before that, here are a few other things to consider:-
The reason why your landlord might have insisted on counting it as the end of July could be cause in many cases, it is also unprofitable for them since no tenant would want to move in mid month.
If you are open to paying half a month's rent for july, that will also make mediating the matter easy.
Your best option would be to try and negotiate with him, that you will pay the rent for half of july although you're only stay until the 11th of july
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