Legal Question in Landlord & Tenant Law in India

In a tenancy contract drawn up on February 25, 2013, the landlord made available the house to me on the condition that the rent amount of Rs.2,40,000 was paid for the entire lease period of 12 months at the time of execution of the contract (at the rate of Rs. 20000/month).

The landlord has activated a clause of the contract and served us a notice to vacate the property within 30 days, claiming personal need of the property. I was lucky to find new accommodation within 10 days and vacated the premises within 15 days from the notice date. The end of the 30 day period is 24 October 2013 and although I had vacated the property on 9 October 2013, paying all bills and dues, the landlord is refunding only rent for 5 months, claiming that the 15 days in the month of October entitle him to rent for the month ending 24 October 2013. Under the Maharastra Rent Control Act 1999, is the landlord allowed to deduct the amount for the 15 days that I have not stayed in the house?


Asked on 10/20/13, 11:16 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

21.10.2013

Dear Sir / Madam,

If you have vacated 15 days earlier prior to the expiry of the entire 30 days notice period, the landlord is entitled to retain the 15 days compensation. But you can request him to repay you that amount since you vacated the flat earlier making him convenient for the landlord.

Regards,

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Answered on 10/21/13, 3:10 am


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