Notice before leaving a house on rent.
Amrit Dubey
(Querist) 30 April 2012
This query is : Resolved
Dear Sir/Madam
I am residing in mumbai in a P.G where I want to change the same for which I have issued a 15 days before notice to my land lord where she has refused to take the same and is asking me to have a 30 days notice prior to vacate her P.G. and she is refusing to return my security on this ground..
what is the remedy I have..
as accordingly can I file a police complaint as for my land lord or whether there is any such compulsory provision that i have to furnish a 30 days notice to her.
SAINATH DEVALLA
(Expert) 30 April 2012
Have you entered into any agreement with the landlady at the time of occupation? 30 days notice period is the normal course,why do you want to run after police stations and courts,putting our time and money at stake.Settle the matter amicably with her and get your refund.
ajay sethi
(Expert) 30 April 2012
settle issue amicably . youw ant your security deposit . give 30 days notice as desired by landlord
Deepak Nair
(Expert) 30 April 2012
Give a notice of 30 days, otherwise you will lose more days than that. These are petty issues which are to be solved amicably.
Sankaranarayanan
(Expert) 30 April 2012
If the agreement is clearly mentioned the days of pre notice , then both party should follow it,
Amicably settle the issue
SAINATH DEVALLA
(Expert) 30 April 2012
So Amrit,
Follow the advices of the experts and don't extend the issue.
Amrit Dubey
(Querist) 30 April 2012
I am very thankful for your's kind advices..bt yet sir's..she is not ready to have any amicable settlement.. and what my land lady is saying that even she will not count the days of notice from the day I have really served her verbally but she is asking that on the first day of month I have to give her notice and she will count from that day..
I am not much aware about the local laws but the transfer of property act says of 15 days notice in-
S.106. Duration of certain leases in absence of written contract or local usage.-In the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months notice expiring with the end of a year of the tenancy; and a lease of immoveable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days notice expiring with the end of a month of the tenancy.
Amrit Dubey
(Querist) 30 April 2012
If there is any provision in the local laws ie. maharashtra rent control Act aor at any other place please do guide me..
Deepak Nair
(Expert) 30 April 2012
The period of notice is normally governed by the agreement entered.
M/s. Y-not legal services
(Expert) 30 April 2012
yes., am agree with my fiend deepak., the notice period should be according to the agreement..
-tom-
Amrit Dubey
(Querist) 01 May 2012
Sir as i have mentioned in s TPA it says about in the absence of contract to the contrary...so we dont have any contract...in that regard..and i want to know about any local law in this regard..if there is any..or the remedy which is available to me..
thank u...
Shonee Kapoor
(Expert) 02 May 2012
In the absence of any agreement, the practise of the said state/ city would be taken in account.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
