Leave and license agreement

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Thank you.

Is the tenant paying or remitting the rent as and when due?

Dear Sir,

The tenant is paying the rent regularly, never a complain in 9 years,

Thanks 

A rent agreement is always necessary for tenant and landlord. Without agreement there is no tenancy. There can be oral agreement but it is almost impossible to prove the oral agreement in court.

By receiving the monthly rental amount regularly  the existence of  the landlord tenant relationship can be established..

The tenancy may be oral but it is still equally valid.

However it is advisable that you either renew the agreement or enter into a fresh agreement to avoid conflicts if any in future

Thankyou Sir

Originally posted by : dev pandya

Dear Sir,The tenant is paying the rent regularly, never a complain in 9 years,Thanks 

In the given facts, principle of holding over applies.  Holdover tenant is a renter who remains in a property after the expiration of the lease. If the landlord continues to accept rent payments, the holdover tenant can continue to legally occupy the property, and state laws and court rulings determine the length of the holdover tenant’s new rental term. If the landlord does not accept further rent payments, the tenant is considered to be trespassing, and if they do not promptly move out, an eviction proceedings could be initiated in accordance with the local rent laws.

Getting rent regularly doesn't absolve you from future trouble. You should have renewed the agreement as & when it's required. Please do so now with additional terms to protect you from unpleasant situation. Your tenant should not have any objection to this.