Doubt on Tenancy Agreement and Security Deposit

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cheetah123
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Doubt on Tenancy Agreement and Security Deposit

Post by cheetah123 » Sat, 24 Dec 2011 11:03 pm

My Tenancy Agreement ends on 31st Dec 2011 and I am supposed to move out before that. I had already planned to move out on the 30th Dec, but when I told my landlord about my moving out date he told me that I had notify him a month in advance about my move out and so my security deposit would be forfeited. But with my tenancy agreement ending anyway was there a need of notification and is my landlord right about this?

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the lynx
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Post by the lynx » Sat, 24 Dec 2011 11:54 pm

Check your agreement again - was there anything stated regarding giving one-month notice to either party? (which is usually a standard one in such agreement). Read the fine lines as well, especially on what would happen if one of the party fails to give the one-month notice as outlined.

One solution I can think of right now is that you postpone your termination to next month. That way you're technically giving your LL that one-month notice.

A question though, since the agreement cease to effect on 31st December, was there any effort made by LL to discuss with you regarding extension of your rental agreement (of course, one month in advance) in the first place? You may have your case here.

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JR8
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Post by JR8 » Sun, 25 Dec 2011 12:06 am

How does the termination/notice clause in the lease read?

p.s. meanwhile and otherwise, my default position would be that there is no requirement to give notice to terminate a contract on it's contractual termination date.

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ecureilx
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Post by ecureilx » Sun, 25 Dec 2011 1:04 am

I would echo what JR8 says: unless it says that 'upon completion of contract, the contract is extended automatically for x year, unless both party agree .. ' etc. etc. you are not obliged to give any termination ..

Sue the idiot (not a good thing to say on Christmas day .. ) :D

What if he walked into your place on the 31st and demanded you get out as per the lack of contract ? :D

Hence the normal process to try to delay the last month rental, so the landlord gets a hint to talk of extension .. :) :)

Probably he didn't plan and busted your deposit .. :)

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sanjivvohra
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Post by sanjivvohra » Sun, 25 Dec 2011 11:53 am

ecureilx wrote:I would echo what JR8 says: unless it says that 'upon completion of contract, the contract is extended automatically for x year, unless both party agree .. ' etc. etc. you are not obliged to give any termination ..

Sue the idiot (not a good thing to say on Christmas day .. ) :D

What if he walked into your place on the 31st and demanded you get out as per the lack of contract ? :D

Hence the normal process to try to delay the last month rental, so the landlord gets a hint to talk of extension .. :) :)

Probably he didn't plan and busted your deposit .. :)
Probably this is what happened!
LL probably forgot that the TA was expiring or had not planned ahead for putting the house on rent, or did not find a tenant.
Sanjiv

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zzm9980
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Post by zzm9980 » Sun, 25 Dec 2011 8:37 pm

sanjivvohra wrote:
ecureilx wrote:I would echo what JR8 says: unless it says that 'upon completion of contract, the contract is extended automatically for x year, unless both party agree .. ' etc. etc. you are not obliged to give any termination ..

Sue the idiot (not a good thing to say on Christmas day .. ) :D

What if he walked into your place on the 31st and demanded you get out as per the lack of contract ? :D

Hence the normal process to try to delay the last month rental, so the landlord gets a hint to talk of extension .. :) :)

Probably he didn't plan and busted your deposit .. :)
Probably this is what happened!
LL probably forgot that the TA was expiring or had not planned ahead for putting the house on rent, or did not find a tenant.
See I'm actually thinking LL knew to the minute when the 30 day notice would be for the end of the lease, and he/she has been greedily salivating every single day scheming they would be able to keep that security deposit.

Unless the TA specifically spells out having to give that notice at the end of the term, fight the LL to the end. If it does though, just give your 30 day notice immediately and at least get half your security deposit back I suppose. (assuming two months)

kevinoname
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Re: Doubt on Tenancy Agreement and Security Deposit

Post by kevinoname » Thu, 13 Oct 2016 4:50 pm

Hi, did you get back your deposit? I am facing the same exact situation here.

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