Eviction of tenants: Legal course
I have rented 2nd floor of a house around 4 months back. Landlords live in ground floor and there is one more tenant in 1st floor. We did agreement of 11 months as usual and given 1 month rent as security. But due to some personal reason I need to shift. So, I have given a verbal notice of 1 month on 13th March, 2017 to landlord about me vacating the property as there is a clause of 1 month notice. But now, they are making all kinds of excuses. Please give me clarity on following points: 1. They say we cannot vacate on 13th April, we can vacate only on 30 April as the agreement was effective from 1st of the month. Is it true or I can vacate ? 2. I am sensing they don't want to refund the security which was given in cash. I don't have any security deposit receipt or rent receipt. What can I do ?
Landlord can not be removed you illegal first think, you should have to give written notice if there is clause in agreement that land Lord having a power or authority to restrain from eviction if not you can claim for your security amount while filling case civil criminal as consumer forum
Generally, all the terms and conditions are very clearly mentioned in the Rent Agreement itself, however there may be certain confusions as in your case.
Looking at your case and from the facts, it can be ascertained that the agreement started from the 1st of the month. So basically you to make the monthly rent on 1st of every month.
Going by these facts and from the rent agreement, you may give one month’s advance notice to your landlord regarding vacating the said property, either written or orally or as mentioned in the Rent agreement. But if say you give notice to your landlord in the middle of the month, say 13th as in your case then you have to pay the full rent of the coming month or as may be mentioned in the rent agreement regarding the same.
Hence, you may vacate the property by 13th of April, however you will have to pay the rent till 30th of April or if any contrary terms or conditions are mentioned in your rent agreement then by such terms and conditions.
Now, about the security deposit, if it is clearly mentioned in the rent agreement that you paid the security deposit by cash and which would be returned by the landlord at the time of vacating the said property then you indeed have a strong cause in case the landlord declines to do so.
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