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AT   27 August 2020

Notice period rent from security deposit

After 3 years of tenant's stay, the owner has given 2 month's notice period to vacate the flat as he is going to be occupying it himself. No information related to notice period has been mentioned in the agreement.

1. Can the tenant vacate the flat at any time during the notice period or does he have to mandatorily stay till the end of 2 months, pay the rent for both months and then vacate, as insisted by the owner?

2. In case the tenant wishes to vacate early, does he also need to give a notice on top of notice given by the owner, and if so, is 1 month notice more than enough?

3. Can the tenant ask the last month's or the notice period rent to be deducted from the security deposit as per law?

Place: Hyderabad, Telangana



Learning

 4 Replies

Dr J C Vashista (Advocate)     27 August 2020

Whether the agreement is registered, notarised or none ? How much is the rent per month ?

Terms and conditions of rent agreement shall govern the subject, therefore same has to be considered before obliging you.

It would be appropriate to consult a local prudent lawyer with relevant rent agreement / leave & licence document.

G.L.N. Prasad (Retired employee.)     27 August 2020

Be a good tenant and settle the issue with owner through one to one discussion in a cordial manner without complicating the issue.   The issue involves mutual understanding.

AT   27 August 2020

Thank you, Dr J C Vashista and Mr. Prasad, for your views.

P. Venu (Advocate)     28 August 2020

Yes, the posting suggests no substantial legal issues; the details could be worked out amicably.


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