Upgrad LLM

tenant not giving notice period for vacating


hello sir, 
small query. i had done a residential flat agreement with my tenant for 11 months from nov'14 till sep'15. agreement is getting over this month. tenant has not given notice for vacating the flat and he says he is vacating after 15 days. his point of view is that agreement is getting over this month so it was not important to give the notice wereas my case is that agreement is to be renewed after 11 months and notice has to be served irrespective of agreement getting over. please clarify.

 
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FIN

Refer to the T&C in agreement.

 
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Proprietor

 

Yes, Your Tenant is right.

 

If he wants to continue as your tenant, he has two choices

 

1) Inform you on the last day before 12:00 in the Night that he wishes to continue.

 

This is in case the agreement does not have any clause mentioning renewal.

 

But, it is your choice whether you permit him to continue or not.

 

2) In case the agreement has a specific clause on renewal, he has to inform you as per that clause.

 

But, even in this case, it is your choice whether you permit him to continue or not.

 

In case your tenant wants to vacate, he has to come on the last day to hand-over the keys or

you can go to take possession and you can seek confirmation on Electricity and Water,...etc

bills paid by him and to ensure that he has not kept anything pending.

 

Also, he should have given his address change at the bank, credit card issuing bank,...etc so

that you do not end up with that burden of having to deliver letters meant for him, even after he

has vacated.

 

Going by the tone of your post here, I feel you want him to continue so that the monthly

revenue to you, stays continuous.

 

I feel so, although I am not sure.

 

But Yes, Your tenant is right.

 

ON THE LAST DAY, GET THE ' NO-DUES ' SIGNED along with one witness on each sides, 

in case you return the security deposit amount on the last day.

 

This No-Dues covers no-dues on all aspects...security deposit, rent, bills,...etc


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Natarajan sir, Thank you very much for your reply. I am not bothered if he is leaving or staying. In the agreement it is clearly mentioned that 2 months notice has to be provided by either party for vacating the flat. The eleven month agreement is getting over this month(september) and he has given me notice 1st of september i.e one month notice. He says since the agreement is getting over this month he is not liable to give any notice for vacating the flat. The tenant very well knowing that the agreement is getting over in month of September should have given the notice in July itself as per the 2 months clause in the agreement. Or if he giving notice in month of september he should renew the agreement for one more month and vacate the flat in october end. I had given the 2 months notice period as that much time is required minimum to find a new tenant but now i will be left with one month only which i feel is not right. please clarify sir if i am right to claim the rent for the month of october as well as per the 2 month notice clause entered in the agreement. thank you.
 
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legal advisor

you both try to solve the issue amicably because if you got to take the issue to court it will take time to solve the issue.just leave him and find a new tenant


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FIN

The contract is for the property that you own and you have chosen to rent it for 11 months.

The contract is ending on close of last day of 11th month.

The tenant has chosen not to continue beyond 11months and has shown good conduct by giving 1 month notice.

Rest is upto you.


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sir, its ok if the tenant does not want to continue beyond 11 months but my take is when i have mentioned clearly that 2 months notice has to be provided for vacating then why did not the tenant adhere to this condition. He is taking me for granted and insisting that since the agreement is getting expired this month he can very well leave without even giving notice. Then what's the point of 2 month notice period in the agreement. 

 
Reply   
 
FIN

It may be deemed as that if the tenant has  decided to vacate say in 9th month.

 

Thereafter it is no. of days remaining say e.g. 11-10=1 month.

 
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Proprietor

 

@ nitin

 

Yes, the 2 month notice period exists. That is to serve the purpose of any intimation of continuing for another term.

 

From your side, you can argue that you have mentioned 2 months because you need 2 months to search and identify another tenant.

 

But your argument will get squashed the moment you begin it.

 

That is because the agreement clearly mentions 11 months.

 

So, whether the tenant gives 2 months notice or not, the life of the agreement itself is only 11 months.

 

So, that clause of 2 months is a mere formality.

 

You can mention that with force only if he expresses his wish to continue and you respond by saying he should have informed you 2 months in advance as per the agreement.

 

But here he clearly wants to vacate.

 

Even if he wants to continue, unless and until there is a serious issue with that tenant, any owner would permit since fresh exercise of locating tenant does not arise.

 

That 2 month clause serves no purpose at all.

 

The life of that agreement is the life of the owner-tenant relationship.

 

When that life itself is only for 11 months, why refer to 2 month prior notice.

 

Your argument is exactly similar to saying

 

" The Sun will rise in the morning. But it has to inform me 2 hours prior to setting in the evening. If it does not, then it has to set after additional 2 hours. Only then, it is permitted to set in the evening. "

 

 

Whether you are informed or not,

The Sun has to rise at a particular time in the morning and set at a particular time in the evening.

That is the natural course of action.

 

Similarly, whether you are informed or not, the life of the agreement and owner-tenant relationship, ends upon completion of Eleven Months. That is the natural course of action.

 

Got it !!

 

So, just let him go.

 

Discuss the security deposit amount and other aspects, as per the agreement and just plainly let him go.

 

He is speaking perfectly.

 

Unnecessarily you might end up looking foolish if you persist in that 2 month argument.

 

That Sun Rise and Sun Set as an example is enough to highlight the truth of the situation to you.

 

I am sure you can now see with clarity.


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natarajan sir, thank you very much for that lenghty explanation. just like a teacher explaining to their students :)

ok i'll let him go. today he called and told me that he is vacating this week itself. Since the agreement is getting over this month end i can very well deduct this full month rent from the deposit ?

Also i have mentioned in the agreement that flat has to be handed over as in condition it was handed over by landlord in the begining in good tenantable condition. so if there is any damage or white wash to be done then i can claim it from him ?

Thank You again for your valuable time.

 
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