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ambarish   22 March 2015

Landlord notice to tenant

Hi ... I am currently located in Bangalore.. my landlord has given me 2 month's notice to vacate the flat. However, I have already found a flat where i can move in the next 1 week. My landlord wants me to complete the 2 month notice period. Is it necessary that i complete this notice period or i can shift as and when i find an accomodation.



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 7 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     22 March 2015

When he has given a notice to vacate the flat in 2 months, U need not vacate according to his convenience. After finding a suitable accommodation, U can handover the premesis before completion of 2 months.He cannot put pressure on U to vacate.Dd u have a rental agreement?

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     22 March 2015

Sir, That is all subject to the terms of the agreement of rent..... Regards Kapil Chandna Adv 9899011450

Dr J C Vashista (Advocate)     22 March 2015

Yes, you can vacate and handover possession of the demised premises within the notice period also, the landlord should feel obliged to take over the flat earlier.

However, settle the rent (un-accrued) with the landlord.

SAINATH DEVALLA (LEGAL CONSULTANT)     22 March 2015

Yes, 2 months advance must be lying with the landlord, thats why he is insisting on completion of 2 months.

ambarish   22 March 2015

We have an agreement but it just mentions two months notice. Speaking to some brokers ( which I know may not be legally correct view) they have said that I can move anytime over the next two months and need not complete the notice period.

(Guest)
Ambrish ji, nagotiate with him and arrive at settlement n finish the issue. Vacating the flate agianst terms can make yu legally liable.

T. Kalaiselvan, Advocate (Advocate)     25 March 2015

Two months notice period will be mandatory as per the terms and conditions of rental agreement.  It implies that he has issued notice to you to vacate and his intention is clear that you cannot continue with the tenancy after two months from the date of notice, since this intention has been made clear, it can be construes that you are liable to vacate within two months and cannot stay beyond that, therefore you can vacate the premises within tow months too.   You can inform that you will be vacating on a fixed date, by which, you can instruct him to return the advance amount held by him after deductions, if any.


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