Raphael Gomes 28 July 2026

Rent agreement expired, tenant continued to stay and pay rent. left without 30 days notice.

I'm the landlord of a rented flat in a society in Sohna, Haryana. Our rented out house agreement expired on 17th May 2026. The tenant continued to pay rent due on 18th May and 18th June. On 08th July the tenant informed that he is vacating the flat and left on 12th July. Now he is demanding refund of the one month security amount of Rs. 14500 and also demanding refund of rent from 12th July to 17th July. The last rent paid including maintenance charges was Rs. 17460. The rent agreement has a clause to serve 30 days notice before vacating the flat. Is the tenant justified in asking for the refund of the Rs. 14500 security and rent for the unoccupied period? What will be amount payable by me to the tenant if any ?

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Quick Summary

A landlord's rent agreement expired, but the tenant continued to stay and pay rent. The tenant then left with less than 30 days' notice and is requesting a refund of their security deposit and rent for the days they didn't occupy the property. The landlord is seeking clarification on whether the tenant is entitled to these refunds, especially since the original agreement had a 30-day notice clause that may no longer apply after the agreement's expiration.

5 Replies

Dr. J C Vashista (Advocate ) 29 July 2026

The notice period of 30 days is inapplicable in the agreement which has already stated to have been expired on 17th May 2026.

Subsequently continuation of tenancy is on oral agreement on month to month basis. The tenant has a right to claim un-accrued rent amount / security deposit.

Advocate Bhartesh goyal (advocate) 29 July 2026

Since due to expiration of rent/lease agreement, conditions of rent/lease agreement can not be enforced .Tenant has right to claim un-accured rent and security amount.

kavksatyanarayana (subregistrar/supdt.(retired)) 29 July 2026

Yes, I agree with the views expressed by the above learned experts.

T. Kalaiselvan, Advocate (Advocate) 01 August 2026

I agree with the opinions of experts that the demand for one month notice after the expiry of the original rental agreement is invalid and an illegal demand.

You may better settle the amount whatever is due to him after deducting the charges that are due from him towards maintenance

P. Venu (Advocate) 04 August 2026

As a matter of general principle, the tenant is entitled for return of security deposit, but not the refund against proportionate rent, having agreed for rent per month.

Of course, there could be a different view depending upon the terms of the agreement vis-a-vis the concept of holding over and the Rent Laws in force in the State. However, the issue is not worth litigation.

Moreover, the facts posted confirm that the tenent has been prompt in payment of rent in advance each month. The wise option is in an amicable settlement.