Day to day tenancy agreement ??
Querist :
Anonymous
(Querist) 07 March 2011
This query is : Resolved
I have given my flat situated in Delhi on rent @15000/- pm for 11 months.
I have been suggested by my estate agent that for my safer side, I should add a clause in the rent agreement that if the tenant stays in my flat after 11 months without my consent, he would become a tenant on daily basis @Rs.1000/-.
Thus he would not be able to stay there beyond 11 months without my consent.
Would that be a legally enforceable agreement,would that clause help me in getting my tenant evicted,if I want my property back after 11 months?
Help please......thanks in advance.
Devajyoti Barman
(Expert) 07 March 2011
Though that clause is permissible but if in spite of that the tenant refuses to vacate then again the suit for eviction is the only optiton.
Querist :
Anonymous
(Querist) 08 March 2011
But Dev Ji,then the tenant would have to pay the rent on daily basis @1000/- which had already been agreed by him.
For which he would never be ready and he would have to vacate the premises.
Am I right/wrong?
Please suggest.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 March 2011
Things does not move by such twist since you forget that there is other side and he will also get legal advice.
Whatever agreement you do day to day or minute to minute once the tenant is in your premises for more that 12 months , he becomes a protected tenant.
Many people advice monthly tenancy and now you have come up with daily tenancy , but you have to prove that after completion of day or month the tenant has vacated and come again. Unless it is done the tenant becomes a continous tenant.
Advocate. Arunagiri
(Expert) 08 March 2011
Once the property was given on rent, you can evict him only by legal process.
Querist :
Anonymous
(Querist) 09 March 2011
Shahsikumar ji,I do not agree with you at all.
The landlord would never say that it is a new tenancy,he would claim the new rental amount only as per agreement,which was agreed already @1000/- per month after the 11 months of tenancy.
Now I am awaiting your response with some legal clauses or citations,Sir.
Advocate Arunagiri Ji, please tell me how my suggestions falls out of any legal process
