Tenent Staying for 18 years

Querist : Anonymous (Querist) 21 December 2010 This query is : Resolved
We have a house in Tamil Nadu, where a tenant is staying there for last 18 years. No agreement drawn except for a lease agreement signed for 11-months that expired in 1992. Since then he has been staying there and paying rent properly.

House revenue records are in the joint name of me and my father (who expired recently). Land records carry the name of my grandfather.

Is there a risk of him continuing to stay in the property for such long period without any agreement?

Do we need to vacate him - is that the only way or we can enter into fresh lease agreement dated now to next 11/22/33 months?

He seem open to signing lease agreements, but requesting to stay back for some more time (till he is alive - since he has been tehre for many years now!)

Please advise.

Follow Query

Report Abuse

R.Ramachandran (Expert) 21 December 2010
Since he is only a tenant, he is not a threat, provided you have been issuing rent receipt to him.
In any case, you can now get a fresh lease agreement executed. IF the lease agreement is for more than 12 months, then the same is compulsorily registrable.

Querist : Anonymous (Querist) 21 December 2010
Sir,

Thanks... We have not issued any receipts to him ever... it is a small sum and hence is received in cash and entered in a diary.

Is that a threat?

Also, we will get into a new lease, as advised in any case

Y V Vishweshwar Rao (Expert) 21 December 2010
Now on wards take the Rent by Receipt counter signed by the Tenant or collect the rent by Cheque

Advocate Bhartesh goyal (Expert) 21 December 2010
I agree with experts.

Devajyoti Barman (Expert) 21 December 2010
Stayng for any number of years does not destroy the relationship between the landlord and the tenant. You having accepted the rent after the expiry of the lease have renewed the original lease. However you can make any changes to it by entering into a new one which seems a good prospect in the context of his readiness to do so.