Landlord demanding more than 1 month notice for flat in mumbai

Question

The contract for my flat in Mumbai expired in May 2020, out of goodwill for COVID situation we continued to Pay rent till July.

But then we gave our notice to vacate the flat to the owner, the owner is now demanding that we pay for almost 2 months of complete rent since the notice should be on a calendar month basis. Therefore informing on 3rd July means that notice starts from 1st August and we must pay that entire month’s rent.
As per the “expired” contract – the words state a simple 1month notice. So even though we were willing to vacate immediately and pay till 3rd August, she refused to pay back the deposit.

Any help on this would be greatly appreciated. Is there any legal/police action we can take to convince the owner that we should not be forced into paying the additional 1 month of rent?

 

supriya.su 3 Answers 1116 views
0

Answers ( 3 )

  1. instalegal
    0
    2020-07-21T07:30:12+05:30
    Reply

    I am assuming that you have given that one month notice on 3rd July. what is important to see is if your agreement is from 1st to 1st. Anyhow the agreement has expired and there is no renewal clause but due to covid you continued to pay the rent. You can get a legal notice issued to your landlord if he is not agreeing saying that the agreement has already expired and since there is no mentioning regarding the notice period to be on calender month basis, the notice shall be treated on the date when the notice has been issued by you for vacating the premises. the rent is to be paid proportionally. If you have given notice on 3rd then you pay rent only for two days if your agreement is from 1st to 1st but if your agreement is from 3rd to 3rd then you need not pay.

      0
      2020-07-21T16:04:17+05:30
      Reply

      Thank you for this confirmation.
      Given these COVID times how do you suggest we enforce the legal notice. I am not currently living in Mumbai (location of flat).

      After issuing the notice is the owner then forced to pay? I basically want to understand how things proceed after this till the end (and we receive our security deposit).

      • instalegal
        0
        2020-07-27T10:31:16+05:30
        Reply

        For sending legal notice, you may contact the team at Instalegal via whatsapp and they will be able to assist in it directly.

        Further, after u issue the notice, the owner may pay up or negotiate with you. or the owner may choose to reply to your legal notice and on the basis of that itself, we can decide the next course of action.

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