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manoj vishwakarma   02 May 2022

Landlord asking for full month rent

Hi Team,

I am a tenant, My rent agreement expired on 30th April 2022, one month before on 31st March 2022 I verbally said to my Landlord that I will be vacating flat but it might cross a week extra if I did get another flat in time, then Landlord said OK, but now Landlord is demanding full month rent though I am staying only for 7 days extra, he is saying even if you stay for one day also I will charge for full month. I said I have already scheduled my shifting on 7th May 2022, so why should I pay for full month and Landlord is not agreeing, so what should I do now? Plz tell me

Manoj V


 2 Replies

Advocate Y.K. Mehrotra (Advocate)     02 May 2022

Hello Sir

The Landlord cannot charge more than what was agreed or for the period you stayed.

SIr in such cases the Landlord settles right away seeing a competent lawyer with legal notice in his hand. Do not be intimidated by such a Landlord. Even the Landlord does not want to get sued or involved in litigation.

In case you need my assistance as an advocate to negotiate with your landlord with a legal notice let me know. 

Divya Vijayan   02 May 2022

Hello sir!

Oral agreements are valid in India. It may consists of words, gestures, symbols by which one party conveys a promise or a set of promises to another, which, on acceptance by the other party, becomes a valid oral agreement. They are legally enforceable in the court of law and such legality cannot be questioned, if it falls under the ambit of the requirements stated in section 10 of the Indian Contract Act, 1872. However, it is not of great evidentiary value as the agreement is understood through the word of mouth and obtained through second hand knowledge. It can become difficult for you to prove the existence of facts or the agreement itself. 

In Nanak Builders and Investors Pvt. Ltd. vs. Vinod Kumar Alag AIR 1991 Delhi 315, the Court held that even an oral agreement can be a valid and enforceable contract. Therefore, in the strict sense, it is not essential that a contract must be in writing, unless specified by law or the parties themselves contemplate the reduction of terms of agreement to writing.

However, if you don't want to get tied in a legal battle, you can stay in the rented house for a month as you are paying the amount for a month and shift to your new residence slowly.

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