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how long to keep any tenant

Querist : Anonymous (Querist) 20 August 2014 This query is : Resolved 
Dear experts,
I have a house in Metro , where tenant is staying from last 7.5 year, I do rental agreement with him in every 11months.Now I need to renew agreement or ask him to vacate. If I renew this agreement with him , what precausition I need to take. Since we make agreement in rs 20 stamp paper in presence to two witness. Till now I was not registering it. I have rs 20l bank loan also balance, my house. Papers are with bank.

Thx
Raj Kumar Makkad (Expert) 20 August 2014
We do not address the queries raised by anonymous persons.
Querist : Anonymous (Querist) 20 August 2014
Sorry Mr Makkad actually anonymous option got posted due to mobile version, having very low and sensitive space. This option is removed from desktop version. Request administrator to disable this option from mobile site also
I will repost this query with desktop option with my name
Regards
Chandra
ADV-JEEVAN PATIL, MUMBAI (Expert) 21 August 2014
It is now statutory to register agreement better do it
Raj Kumar Makkad (Expert) 21 August 2014
There is no need to register the agreement if the period of tenancy is below the period of 11 months, It shall be better to get vacated your premises from the tenant as he is occupying the premises since a long time which may create some problem for you.
Rajendra K Goyal (Expert) 21 August 2014
better get the premises vacated and have new tenant.
Querist : Anonymous (Querist) 21 August 2014
Thx all of you
Regards
Chandra
ajay sethi (Expert) 21 August 2014
if you take legal precautions you need not ask tenant to vacate . enter into registered leave and licence agreement . take adequate security deposit . provide penalty clause in case licencee does not vacate n time
Raj Kumar Makkad (Expert) 21 August 2014
You are most welcome.
Dr J C Vashista (Expert) 22 August 2014
It would be better to find out a new tenant if unsatisfied, otherwise, registration of the rent agreement is optional for a period of less than a year.
T. Kalaiselvan, Advocate (Expert) 25 August 2014
If you don't have faith in your tenant and apprehend he is likely to cause problem by squatting and not vacating at a later stage, better do not renew the agreement for next term and ask him to vacate. Further, since your house property is on bank loan, I don't think you have any reason to worry on this issue.
Querist : Anonymous (Querist) 26 August 2014
Thx All
Actually I wanted to sell this property and tenant is interested from beginning, infact rate was also fixed 2 times.
I did a mistake 8 years back bought this property as joint with my wife, I only paid all money.Now my wife wants her share since she is co owner, we have some marital discord so I can not give her half money till problem between us not solved.
Actually I want to continue 1 more year with this tenant, as of now he is consistent in paying rent and reasonably ok guy. If our husband wife problem is solved, I will sell this and buy another as joint.
If problem not solved I will vacate the tenant.
I have 20L loan balance. If I renew his agreement what caution I should take.
Regards
Chandra


Raj Kumar Makkad (Expert) 27 August 2014
You need not mention the relationship of landlord and tenant prevailing prior to the execution of the agreement. A fresh deed should be framed without mentioning earlier period.
Dr J C Vashista (Expert) 28 August 2014
You should have given entire facts in the first instance itself, which you are mentioning now, i.e., after a lot of head-scratching of the experts, it is bad.
You must engage a local prudent lawyer to advise you properly and proceed as per law, in your own interest and benefit.
Querist : Anonymous (Querist) 29 August 2014
Thank you all
Regards
Chandra
Raj Kumar Makkad (Expert) 01 September 2014
You are most welcome.


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