Definition of 'one month' in lease agreement!
Rudolf Rodrigues
(Querist) 20 March 2015
This query is : Resolved
Dear Learned Sirs/Madams,
My query is about the definition of 'one month' notice in a lease or any legal agreement?
I had made a lease agreement with the clause of 'one months' clear notice to terminate the agreement. Now, in legal terms, does this one month mean from say March 10th to April 9th and so on, or the exact number of days in between two months?
I am having a problem on this issue with one of my leasee hence the query!
Thanks for your replies in advance.
Rudolf R.
Devajyoti Barman
(Expert) 20 March 2015
No, it means the whole next month from 1st to 30th/31st irrespective of date of sending notice.
Rudolf Rodrigues
(Querist) 21 March 2015
Thanks learned lawyers!
My exact query was that the tenant was supposed to give 'one month' clear notice before leaving. Now, he has given a notice on March 18th saying he is leaving the apartment on April 10th; so, I told him he is liable to pay for 7 days since 'one month' means from March 18th to April 17th, but he is arguing that since March has 31 days, he is liable to pay only for 6 days. Now, given the circumstances who is right as per law, the tenant or myself?
Thanks in advance!
Rudolf R.
Rajendra K Goyal
(Expert) 21 March 2015
Month should either be counted from first of coming month or from due date for payment of the next rent or agreed in the agreement.
malipeddi jaggarao
(Expert) 24 March 2015
Notice is not proper. Okay, what is the remedy? Initiation of legal action? Spend good money against bad money on petty issues. Is it a issue to post in this portal?
Dr J C Vashista
(Expert) 24 March 2015
Dear Malipeddi Jaggarao ji,
When the landlord is charging rent for 7 days (one month completing on 17th April whereas tenant is vacating on 10th April) what is the harm in denying his dues. Besides this,landlord may institute a suit against the tenant after issuance of reply to the notice.
I agree with the landlord/ author of this query. You should reply the notice counting 30 days from 18th March to 17 April.
By the way, March month is 31 days, in that case tenancy should terminate on 16th April. However, is it one of the terms/ conditions of the lease deed to issue one month's notice for termination of tenancy by either of the parties?
Warm regards,
@Rudolf R,
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