Notice period mentioned in rental agreement.
I have been staying in rented house for 12 months now. The rental agreement is from 1-05-2013 and for period 11 months. The notice period from both parties is mentioned as 2 months. I have given landlord notice of vacating house on this date 30-03-2014. On 30th April 2014 i would be completing 12 months. Does this mean this rental agreement is still valid after 11 months (There is no renewed rental agreement after 11 months) and should we compulsorily give notice period of 2 months. The Landlord is not agreeing for 1 month notice and will deduct 2 months rent (for notice period) even if we don't stay in the house. Kindly advice.
Notice period of 2 months is mandatory within the 11 months of the rental agreement. If the same is not renewed then the same shall be treated as having lapsed due to efflux of time. Meaning that both parties not interested to renew the same. Hence your notice for vacating constitutes just 1 month, the landlord is therefore right to deduct 2 months rent from out of your security deposit amount and refund the balance to you.
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