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Akki (Software Engineer)     24 September 2013

Query on leave & license minimum duration stay clause

Hello Sir,


I stay in Mumbai as a tenant and I have Leave and License of 11 months.

I am living in this apartment from last 2 years, this is my 3rd year and I have renewed the contract for another 11 months just 1 week back.

The problem is that in the agreement, owner has put a clause that I cannot leave the apartment before 6 months and neither he can ask me to leave before 6 months. Also, after completion of 6 months I need to give 1 month notice before leaving the flat.

Now I have to go to other city because I my company has transferred me to new location, and I have already given the written intimation to my owner that I will leave after 30 days. On which my owner is saying that I cannot leave because I have renewed the contract just 1 week back and I have to stay for 6 months or else he will deduct the remaining amount from my deposit.Below are my questions:

1) Is it legal that owner is forcing you to stay for certain period of time even after giving a proper 1 month notice?

2) As my contract renews 1 week back but I am staying here from last 2 years, so in a way I have already completed the said tenure. Now do I still need to stay for another 5 months?

3) Is there a way to come out of this problem, the flat is in a very good location where new tenants are always available but still he wants to take money from my deposit?

 

Kindly help and suggest me.

 

Thanks.



 2 Replies

adv.raghavan (Advocate,9444674980)     24 September 2013

On the fact of it, u have to go by what he says,but without seeing full contents of the agreement , it will be difficult to advice u properly.

Akki (Software Engineer)     25 September 2013

Hello All.


Can someone please provide me any help that how can I get rid of it.

I mean there must be some way?

Thanks.

 


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