Civil Procedure Code (CPC)

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Neil   27 July 2016

Article 30 - Lease of Immovable Property

Hello everyone, I have been staying in a rented apartment in Bengaluru for almost 13 months (since July 1, 2015). My agreement of rent states that the tenancy period is for 11months. Also, there is NO mention of notice period by either party, on the agreement of rent. Almost 6 months back, I had verbally informed Landlord that I would be moving out in the next 30 days as I was of the notion that 30 days is my notice period. Later I had changed my mind and I had informed him of my changed decision within a week. However, this time I have made up my mind and gave my Landlord a notice period of approximate 15 days, but he started saying that as per the rules it should be 90 days, i.e. 3 months and that's when I tried to find that claise on the agreement of rent, to realise that the clause is totally missing and nothing has been mentioned in the contract. In such an event, is there a fixed notice period time that is considered? Do I need to pay him any extra amount? Or since this clause was not mentioned in the agreement, it would not be considered at all? Can the learned friends of this forum elaborate and throw some light around this? Best, Neil Ray

 3 Replies

adv.bharat @ PUNE (Lawyer)     27 July 2016

No need to pay extra amount since nothing is mentioned in draft. 

JustAdvisor (IT)     27 July 2016

your lease period is already expired. there has been no renewal as per facts stated by you. so in my opinion you may move out whenever you wish to without paying anything apart from rent for months for which you have occupied the flat.

Kumar Doab (FIN)     27 July 2016

You have already checked the agreement.

You may show the copy to landlord.

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