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Kanetkar (SE)     05 June 2010

Notice Period to House Owner for Leaving the House

Hi,

I had signed a Leave and License agreement with the owner of a flat in Pune for period of 11 months.

However, after four months I wanted to leave the flat.

I had conveyed the same to owner verbally.

Also, sent him a notice by courier on 20-May-2010.

However, it got returned as he didn't accept the same.

Now I am worried he may play michief while returning the deposit money.

Is there any steps I should take to safegaurd my interest.

Regards,

Kanetkar



Learning

 7 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     05 June 2010

simplest way is you remain in the flat till your deposit is exhausted by not paying further rent because legal procedure will take time.

adv. rajeev ( rajoo ) (practicing advocate)     05 June 2010

till period of lease agareement is not over, wait for that.  If the owner failed to refund your deposit you remain in the house till the refund of deposit amount.

rohan (individual)     07 June 2010

The options suggested are good. 

However, if i dont want to continue in the same house for other reasons what are the options?  Especially when the owner does not acknowledge the one month notice and later does not confirm the vacation of the house (in a Leave and License scenario that is not registered).

I am in a similar situation and need advice.

Thanks in advance.

Bobby Mani T (Lawyer)     21 July 2010

you should send a notice intimating termination of license, as prescribed in the licnese deed.  There must have been a termination clause in the deed.  Proceed as per the termination clause.

Bharatkumar (ADVOCATE )     22 July 2010

U give a notice before one or three month (as per write in agreement) thereafter u not paid a rent because u give a deposite amount and this amount deduct on rent. 

Bobby Mani T (Lawyer)     23 July 2010

Hi pittalia,

the problem is to get back the deposit amount and we dont want to continue in the building. we dont want to continue in the building and wants the deposit amount back.  The owner wants what you said, that is to let the tenant continue in the building and let the deposit amount vanish as rent so that he need not pay it back.

Bharatkumar (ADVOCATE )     28 July 2010

Bobby Mani T

I think as per Agreement Owner vacant a premises any time and he has give a notice in period as per agreement. Termination of license is not proper way.


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