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N.Rajasekaran (Management Consultant)     26 March 2013

Notice to vacate

Hello members,

I have rented out my house on 11 month lease with the condition that during the first 11 months the lease cannot be terminated by both. Since the tenant quarrelsome, I issued a notice to vacate( hand delivered thro' their servant maid ) by 9th monthend to vacate on expiry of the lease period of 11 months.I added a clause that any overstay will be in the new hiked rent.

The tenant received the notice and did'nt acnowledge receipt nor issue any reply. Earlier, he claimed that he is entitled to stay for 11+2 months ( the notice period mentioned in the agreement ). He has paid the hiked rent for the 12th month. Now the 13th month will be over by March 31st.

Query

1. Whether am I right in issuing the notice by the 9th month end?

2. If he vacates by March 31st and asks for the refund of the advance with out any notice, is it legal?

3. Can I insist on a notice of intent vacate with 2 months period?

Please do reply.

Thanks in anticipation.

N.R.



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