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nagendra (proprietor)     30 October 2014

Presumption of prior notice clause in rent agreements

We took a flat on rental basis for 3 years through a registered agreement which mentions a notice period of 2 months on either side to cancel the agreement. Towards the end of the agreement, as usual,rent of rs.8500/- was paid by us in advance and we had a word with the owners about making a fresh agreement. The owners asked for a rent of rs.10500/- per month and informed that, they would come in a month or two, to make agreement. At the end of agreement period, we paid rs.10500/- as advance rent for the coming one month. In the meantime, we came across another flat to be given on rent, which we choose to move into, and got into agreement for the same, and informed the previous flat owners. While returning security deposit, the previous flat owners deducted 2 months rent towards notice period eventhough agreement was not entered into. Were we obliged to give a prior notice of 2months? Were they entitled to claim 2 months rent after intimation?  In the absense of agreement, does it not become a month-on-month tenancy?



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