Uma (soft) 22 June 2011

Rental Agreement

My wife is holding flat in hyderabad we given this flat for SBI Manager for lease. We signed lease agreement pre defined format of SBI. Unfortunately we are not holding copy of the same. We given lease for 3 years by accepting 3 months advance. Lease period will be ending by June 30th. Tenent communicated with me over phone and emails saying that they are willing to continue for which i accepted. After that they changed their mind and they are willing to vacate the house. This was happend 3 time in one month duration at last i received last email on 20th June sayign that they will vacate the house on July 1week. They didn't paid May month rent and they are not willing to pay June month rent.

Now can i approach law that they didn't given proper notice ( 1 month notice ) to vacate the house. I am not sure SBI agreement saying that rent will be adjusted towards advance.

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1 Replies

Sidhartha (Student) 22 June 2011

Hi,

You should have kept a copy of the lease agreement. Please ensure to do so in future.

In furtherance to your problem, in every lease agreement notice period must have been mentioned. As per your statement if notice period is one month then they should have intimated before the month of June. Further please check the date of the latest mail as to whether in any condition during the month in June, they have intimated regarding vacating the premises. If that is the case then you can deduct the amount from their advance amount for the rents of the pending months and if there is any deficit then can ask them to pay for that. If surplus is there, then you ca retain it on the ground that they have not provided the proper notice period.The very purpose of advance amount is to provide security for the payment of rent and in case of non-payments it has to be adjsuted from the advance amount

In case of further clarification, please contact.

Regards,
Sidhartha