Notice period

What is the notice period of 2 months: If the rent agreement is to be extended by the tenant?

 

The tenant seems to be right that the rent agreement is expiring so he has informed in advance that he shall not continue.

Hi Kumar,

My point is he should have informed last month itself then i can consider it as 2 month notice period.  What if he said by last week of January but the agreement is still valid.

With Regards,

Ambalavanan

The tenant is right, he is not vacating your house within the agreement period the terms applied only if he wants to vacate your house before the period, therefore no question for any notice .

Hi Laxmikant,

Agree that he is vacating within the agreement period but as a landlord believe 2 month notice period has to be given.  It looks as if he waited deliberately for 11th hour and saying that vacating, believe which is not acceptable.

With Regards,

Ambalavanan.

Well go through your agreement it is for 11months if he is vacating the house in 11 months which he had taken for rent then why he will give you any notice, after completion of 11 months he will vacate your house as per your agreement.

I agree with above experts. 1, notice period 2 months with in 11 months 2, lease gets over by this month end, which is 11 month  tenant express his intention to vacate,it means he is not willing to extend lease period beyound 11 months, as the same can or will be renewed after 11 months with the consent of both of the parties. He has honoured his side, now his claim seems to be legitimate. 

1) Agreed with the aforesaid expert advices giving notice after determination of contract becomes infructuous.

 

2) Notice operates if either of the parties to the contract breaches during the period of contract but not after its expiry.

 

3) If both the parties agree, you may better renew before termination else the contract is automatically determined and the tenant is right in vacating.

As per your agreement, if the tenant vacate the house prior to the termination of the agreement , the tenant inform  or give you the notice before 2 months. The agreement is going to be terminated then why the tenant give you 2 months notice you already aware about that where the agreement is going to be terminate then it does not require the 2 months notice. If the tenant wants to stay or extend the agreement then, the tenant most give you the 2 month notice prior to the termination.