Hello Sir/Madam,
Back in March 2005 I had rented a 1 BHK house and till date I am residing at the same place. During that time the owner didnot tell us that I need to inform him 3 months in advance before vacating the house. Also, he had not executed any rental agreement. He got us an rental agreement after about 10 months of me occupying the house that too after I pleaded with him as there was no address proof available for me to produce. Even while executing the rental agreement, the owner didnot mention that I have to give 3 months notice.
Now I am plannaing to move to a slightly bigger house (2 BHK) hence informed the owner on May 28th, 2011 regarding the same and told that I will be vacating the house by June 30th giving him a month notice. Even on that day he didn't tell anything. Accordingly as I had told him that I will be vacating by June 30th, I started searching for house and I got one too. I have already paid the advance and the have also signed the rental agreement with the new owner.
After all this, on June 13th, 2011, my current owner calls me up and is telling that I have to give 3 months notice or have to pay 3 months rent to him. I tried to convince him but he is very adamant and is telling that even if it is not mentioned on the agreement, I have to pay the amount. If he had told this even on May 28th, I would have not searched for another house atleast for another two months. Now I have paid the advance and have already booked the vehicle to shift my belongings to the new house. Actually I am helpless as my advance is with him and I know that until I agree to pay him 3 months rent he will not be giving me back my advance.
Please advice whether in these circumstances is it there that I really need to pay 3 months rent even if it is not mentioned in the rental agreement.
