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expiry of tenancy and notice period. What to do?


09-Aug-2023 (In Landlord/Tenant Law)

I would like to know if the rules in the tenancy continue to be the same after expiry of tenancy and it is not renewed. Also, please explain what does the calendar month for notice period in tenancy agreement mean.

Answers (1)

Answer #1
396 votes

Under the provision of the Transfer of Property Act, one of the grounds for termination of a lease is by efflux of time. To ensure clarity over their respective rights and entitlements, both lessors and lessees must be aware of the consequences of an expiry of lease due to efflux of time.  

The "erstwhile" tenant whose term has expired but has not vacated is called a "tenant at sufferance". He comes into possession of the premises by a lawful grant but holds it wrongfully after termination of the term or expiry of the lease by efflux of time.

Tenant at sufferance is one who comes into possession of land by lawful title, but who holds it by wrong after the termination of the term or expiry of the lease by efflux of time. The tenant at sufferance is, therefore, one who wrongfully continues in possession after the extinction of a lawful title. There is little difference between him and a trespasser.

Calendar Month meaning:   Specific date of one month till the specific date but one of the next month

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