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Aniket   14 December 2015

Eviction of tenant

We have given our flat for rent in Thane since ten years but only 2 agreements (Leave and licence) were made from which 2nd  agreement was registered and after that there was mutual understanding between tenants and us as per rent and stay is concerned but now society has asked to submit agreement but tenant is denying to make agreement by saying if u want to sale we are ready to buy and that u need to mention in agreement and we are going to leave this house. we dont want to sale this house to anyone please help us how to go about.

          1) What is the difference between leave and licence agreement and tenancy agreement?

          2) we have accepted rent amount every month through cash so there is no such document to state that we have accepted rent.

          3) we want to remove the tenants how should we do it?

          4) How much time it will to get back the house after filing suit for eviction?

 

          



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 1 Replies


(Guest)

L& L is an arrangement like government gives a licence to drive a car or a bar permit to run bar. No property is transferred. In a house or shop or business, one can either rent out, lease out or give on L&L basis.( covered under Indian Easement Act)

But there is catch in it. L& L requires that that owner has some way to control affairs in establishment and that house you gave should not be totally empty house. But if it were with fittings and furniture for licencee to use, it is genuine L&L otherwise merely rental property.When Licence expires you can evict licencee who has no interest given in property unlike lease or simple renting.

In Maharstra in Mumbai etc L&L has been recognised under rent law but has to be compulsorily registered and if you dont, even punishment is there.

Lease on other hand, is covered under Transfer of property Act  and is deemed to be month to month lease for non agro or non manufacturing property.

11 month lease ( anything less than 12 months ) need not be registered under TPAct.

Now back to your problem, I guess It was your mistake to keep it verbally. Tenant and landlord are parties with  opposite interest. You may hug and love your tenant, but never keep things loose and verbal. It was your mistake and you will have to bear the loss for this.Moreover you were taking payment by cash. Anotherweak point.

In short, as I understand you have no valid document to cover the tenancy.?

Moreover lease deed is valid only if your house and its rent is not covered under tenancy law of your state.

What is your rent per month?

Period of stay does not matter.

You can get tenant evicted on any of conditions met under Rent control act . Like own use needed  and you not having alternate accomodation in same city.

Or tenant sublet it or does not pay rent or damaged house. There is no other way to get it vacated.

So that is what it is. Negotiate with your  tenant if you dont have any of above things mentioend in your favor

Good luck!

 


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