He has to pay the rent of the whole month as he notified you after the start of the month. The last lease agreement is valid and enforceable.
Tenancy start date for accounting purpose
My last lease with tenant in Delhi NCR was from 1st Feb 2020 to 31st Dec 2020. He has not paid rent in last month of lease. His first lease with us was from 15th Feb 2018 to 14th Jan 2019. He paid us rent advance and 2 month security deposit on 8th March 2018 and we handed him the property keys. Now tenant has asked us to refund security deposit after deducting only 15 day rent for December 2020. He gave us notice that he is leaving on 3rd December. We would like to charge him rent from 8th of December as 8th March 2018 was the day we handed him the keys. Also he has not given back the keys yet although he has vacated. How much rent should we deduct.
Asked 4 years ago in Property Law
Religion: Hindu
6 Answers
Which lease will be considered for tenancy start date for any dispute redressal- the last lease agreement or the first lease agreement. The first lease agreement was 15th Feb to 14th Jan 2019 whereas last lease agreement was from 1st February to 31st December 2020.
Asked 4 years ago
The last lease agreement overrides the previous one and the last one is valid and enforceable.
Tenant is liable to pay rentals for full month of December as lease period was till 31st December
2) if he has given notice that he is vacating on 3 rd December was one month notice given as per agreement .
3) if so then he is liable to pay only rentals as per notice period mentioned in lease agreement
4) ask tenant to hand over keys at time of refund of security deposit
Last lease agreement would be considered
Handing over the keys by the tenant would be considered as delivering of vacant possession of the rented premise, hence the landlord has rights to charge the rent up to the date of delivering the vacant possession of the rented premise to the landlord.
As per law, the monthly rental amount shall be for one calendar month.
If the tenant occupied the premises in the middle of the month, then the rent can be collected by the landlord for that particular broken period first and can collect the monthly rental amount for the whole month regularly subsequently.
Otherwise if both the landlord and the tenant agree for the commencement of rent from the date of the tenant occupying the premise, then it can be charged accordingly.
.
The previous tenancy was terminated upon fresh tenancy renewed.
Therefore you should be concerned only about the current lease agreement only and not beyond that to the previous tenancies.
If you have any grievances towards the previous lease agreement, you may have to deal with it separately.