Legal Question in Real Estate Law in India

The rental agreement with my tenant will expire next month. I have enquired regarding renewal of the contract and there has been no satisfactory reply. In case he decides to leave upon expiry of the agreement, can I withold 2 monts rent from the advance money? As per the original agreement, I can withold the money if there is no sufficient notice period. But the complication now is that the agreement expires next month.


Asked on 8/28/09, 7:13 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You cannot withhold any dues if he vacates on expiry of the agreement. He is not required to give you any notice prior to vacation on expiry.

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Answered on 8/28/09, 8:05 am
KAMAL GROVER

Mr.Sudershan is right. Instead you have to send notice to vacate the house before expiry.

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Answered on 8/28/09, 9:39 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

You cannot withhold any dues if he vacate premises if there is no damage.

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Answered on 8/28/09, 1:09 pm
Shrichand Nahar S.V.Nahar, Advocate

Notice period is provided/contemplated for premature termination/cancellation of agreement.

On expiry of term, you are obliged to refund the Deposit.

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Answered on 8/29/09, 1:46 am


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