Greetings, I have rented a property as per the rental agreement on Aug, 10, paid one month rent in advance and 60k security deposit. But due to a problem faced my brother got his admission rejected hence we, therefore, decided to go back to our home country on the day of paying the next month rent, Sep 10th I read the rental agreement and it stated that we should give the landlord a 2 month notice in case we would want to vacate before the end of the rental agreement. On Sept 10, I gave the landlord husband "which he took care of everything" the notice that we would be vacating as he was travelling the other day, he asked for a reason I briefly explained our problem he said that his wife "legal landlord" would try to help with solving your problem but if the problem isn't solved we can leave after two months, I agreed. Now, unfortunately, the problem isn't solved. on Sept 10th, he sent me a WhatsApp message stating that to inform him when would want to advocate the house in order for his wife to come to Bangalore discuss and finalize, I replied that I will let him know soon as "We will most likely leave before the 10th of Nov which is when the 2 month notice ends" and proposed to return the favor for trying to help us with the issue we faced by asking any of our friends if they are interested into leasing the property after us, he agreed. On the 3rd of October, he sent me a message asking to check the electricity bill and he hopes that we are going to continue the stay in his house, I didn't understand what he is referring to so I replied that I will check the electricity bill. On 4th of Oct he replied with "As per your message, we assume that you or your friends are continuing to stay in our house. In case you are vacating our house you need to inform us two months before so that we can advertise to get another tenant, otherwise, it's a loss for us. Now please bear with me for the exact quotes; Me 4th Oct - I have already informed you the day I paid you the rental fees for the previous month"10 of Sept". As per our continuity it is certain that we wouldn't be able to continue as I informed you that my brother's admission got cancelled but as we discussed earlier I have already informed a trustworthy friend who seems to be interested into becoming your new tenant and as I have informed Mrs ***** "his wife through the phone" that I would receive his reply within two days. Him 5th Oct - but why we kept two months notice because to get another tenena it is idifficult with in few days.. it takes minimum two months. till today you kept your decision to hold. try to understand our problem.hence we can not take your discussions on 10th Sept into consideration. we can consider the notice period from today, up to two months 9th December 2017 more messages but reached my lim
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You have intimated to landlord on 10th September that you will vacate by 10th November
2) landlord has accepted notice by what’s app message
3) landlord cannot now take the plea that notice period would start from 4th October
4) vacate premises on10th November and seek return of your security deposit
well as per the agreement you are stipulated to keep the proeprty on rent for two months.
So before November you can not quit the proeprty or if you still the burden of paying of rent till November remains.
After that you can quit the tenancy and once you do the landlord is bound to refund the security deposit.
If he doesn't then you can seek police intervention to get back your money.
The landlord has got himself trapped by his own words which are reproduced below:
"try to understand our problem.hence we can not take your discussions on 10th Sept into consideration. we can consider the notice period from today, up to two months 9th December 2017"
He has admitted that you had discussed about vacating the premises on 10th september with two months notice period, hence he cannot take back his statement now, therefore you can very well inform that you shall be vacating the rented premises on 10 November and ask him to make arrangement to return the security deposit amount or else to face the legal consequences.
Since I will be leaving by 24th of Oct can I give the keys to a friend of mine and authorize him through an attorney to collect the money and hand over the keys on 10th of November? What if the landlord refused to pay the full liable amount? Should my friend who is authorized sue him or head over to the police station? Should I authorize a lawyer or my friend?
1) you can authorise your friend to act on your behalf
2) if landlord refuses to pay full amount file Police complaint against him for cheating under section 420of IPC
3) don’t execute POA in favour of lawyer
Other than a power of attorney agent, nobody can be authorised on or behalf to collect the money or initiate any legal action against the landlord.
You may inform the landlord to handover the money to your authorized person who will carry a letter from you and shall acknowledge the receipt alternately yo can give yor bank account number so that he can transfer the amount to your account directly.
Lawyer has no role to play in this but he can act on your behalf as your friend.
You can authorize your friend and in such authorization you can also write that he will be having power to take legal action.
Regards
