Rent during notice period
2 months ago
Hi, I have rented out a flat on 10 july2023 and have submitted a deposit of 75k in the first installment and am required to submit 75k in the second installment on or before 5th Feb2024. The rent of the flat is 35k and is paid before or on 5th of every month. Now I want to vacate the house and have intimated the same on 5th Feb 2024 on call and 6th Feb2024 via email. The notice period in the rental agreement is 1month and I will give the notice period of 1month till 6th of March 2024. I have not paid the rent or security deposit for the Feb2024 as required above. Considering this -
1) Do I have to the security deposit as the notice was sent on 6th
2) Do I need to pay the rent for the notice period, considering he can deduct that from the security deposit.
3) In which cases am I legally bounded
A calendar month serves as the notice period in the absence of explicit mention in the tenancy agreement. The rent for the notice period is commonly adjusted with the security deposit unless otherwise specified in the rent agreement. Disputes between landlords and tenants fall under state-specific Rent Control Acts, appointing Rent Controllers or Additional Rent Controllers to address such issues. In the current circumstance, if necessary, you have the option to file an application detailing your concerns before the relevant Rent Controller for a resolution through amicable means.
As regards Query No.1) Usually, a calendar month is considered a notice period if it is not explicitly mentioned in the tenancy agreement. Query No.2) Normally the rent for the notice period is adjusted with the Security/advance deposit if it is not otherwise mentioned in the Rent Agreement. Query No.3) A dispute that arises between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. So, in the prevailing situation, if required, you can file an application explaining your grievance before the concerned Rent Controller to resolve the issue amicably.