Tenants rights in honouring notice period
Baranidharan
(Querist) 23 September 2011
This query is : Resolved
Sir,
I am staying in a rented house for almost 2 years and last month i informed Landlord i'm vacating house.He said as per rental agreement you have to honour the notice period of two months ends on october 17.
Doubts are :
somewhere i read if a tenant stays less than 2 years then notice period will be 45 days. is it so? if yes will it differs from state to state?
prabhakar singh
(Expert) 23 September 2011
It can not be understood what you read and where as you have not given the reference.
BUT one thing is sure that tenancies are governed by the terms of agreement so long they are validly created and entered into as per Transfer of property Act,Stamp duty Act,Registration Act,and State tenancy regulation Act.
Even a defacto tenant is supposed to honor the terms of tenancy.
AS IN MY OPINION YOU NEED TO ABIDE WITH TERMS AGREED AS INCORPORATED IN THE AGREEMENT WHICH BY NO IMAGINATION IS AN ILLEGAL TERM.
Advocate. Arunagiri
(Expert) 23 September 2011
If the agreement says about a notice period, you have to give notice or pay in lieu of that.
R.Ramachandran
(Expert) 23 September 2011
Yes. There are no such rules that if the tenancy is for less than 2 years the notice is period would be 45 days or so. As already indicated by the Experts here, the notice period would be governed purely by the terms and conditions of the agreement entered into by the landlord and the tenant. In your case, according to the landlord (which you do not appear to deny) the notice period is 2 months. Therefore, you have to abide by that. One thing, in case you had given any security, better try to adjust the same against the rent payable. Many a times, the landlords play truant in refunding the security once the tenant vacates.
ajay sethi
(Expert) 23 September 2011
i agree with mr machandran and mr prabhakar singh that you must abide by terms of the agreement . you will have to give 2 months notice period
Guest
(Expert) 23 September 2011
Agree with Shri Ramachandran.
Baranidharan
(Querist) 23 September 2011
I decided to move out of house by sept 30th.in this case i am ready to pay rent for remaining 17 days(notice ends on oct 17).
is LL have right to ask for full month rent ?
Guest
(Expert) 24 September 2011
He can claim rent only up to 17th of October not for full month, if the terms of agreement of 2 months notice would stand honoured.
