Landlord asking rent after vacating the house
sandeep
(Querist) 21 February 2014
This query is : Resolved
Hi All,
I have been staying in a rented house from 01/04/2013 to 28/02/2014.My owner called me on 4 of Feb 2014 and asked me to vacate as he is going to shift. Now i got another house by 9th Feb and informed him that i have received a new house and decided to vacate.So the owner agreed to give me back my advance and he will charge me rent till 10 of Feb only . Now after vacating the house his relative called me and asked me to pay rent for the entire month to the owner.Now owner is also asking me to pay for entire month. Is there any law that protects me in this case i dont want to give any more money as it was owner who has asked to me to vacate so whatever date i leave i should not be charged for extra days.
Devajyoti Barman
(Expert) 21 February 2014
No, you are not liable for paying rent for the entire month.
Rajendra K Goyal
(Expert) 21 February 2014
This is general practice that whenever tenant vacates the premises in mid of the month, rent of full month is charged unless some written agreement to the contrary exist or local practice otherwise exists.
Guest
(Expert) 21 February 2014
It is only a mutual understanding.You should have collected the advance deducting half month rent while vacating.Now the ball is in his court.
sandeep
(Querist) 21 February 2014
All,
I am the tennant not the owner.when the owner is itself asking to vacate within a month then in that case if I get a new house why should I be paying the entire month's rent.is there no law which can support me.???
Dr. Jyothi Vishwanath
(Expert) 21 February 2014
You dont have to pay. Just ignore the call from the owner and wait for his next action.
sandeep
(Querist) 21 February 2014
I don't think that's good if he files complaint then I might be in problem. I have the agreement also in that as well nothing is written that I need to
Pay if I vacat only thing that is written is that in case the tennat wants to leave the house he should inform one month advance.
P. Venu
(Expert) 22 February 2014
You need pay the rent, as being denied. As for troubles, take in the stride. Most often, such troubles are mere fears!
T. Kalaiselvan, Advocate
(Expert) 22 February 2014
Agreed, just ignore the owner's demand for full month rent, there is no law binding him to demand and you to pay, if he is pressurizing further, issue him a legal notice.
sandeep
(Querist) 22 February 2014
For issuing a legal notice what needs to be done. what if issues a complaint in the local police station will that cause a problem .What should I be doing in that case. Don't mind actually I have never been with such issues earlier.
T. Kalaiselvan, Advocate
(Expert) 22 February 2014
For issuing a legal notice you must consult a lawyer and issue the notice through your lawyer. For this issue he will not approach the police station and the police also will not entertain such cases because it is not an offence or a crime committed by you. His demand for an unjustified rent can be defined as an offence, so he knows the law, he will not approach the police, in fact after receipt of he legal notice itself, he will become silent about the issue.
Dr J C Vashista
(Expert) 23 February 2014
Get the issue resolved with the landlord, engaging a lawyer will be uneconomical and not advisable.
Your landlord should agree to refund security deposit after deduction of rent for the period of tenancy (may waive for remaining 19 days i.e. 10th Feb to 28the Feb).
Legally you are required to issue one month's notice or payment of rent in lieu thereof, even if it is not mentioned in your Rent Agreement.
