Validity of registered rent agreement
NARESH KUMAR
(Querist) 07 February 2012
This query is : Resolved
Sir I rented my house for Rs. 6000 in Delhi to A Govt Servant with registered agreement for 11 month. After expiry of agreement we renewed it for further 11 month in 2005. After 2006 I found that he is a trustworthy man and continued his tenancy even without any agreement. In the next few years every thing was fine. In 2009 when I ask him to vacate my house as I was in need of it he requested for one more year upto Mar’2011. After one more year in Jan’2011 when I reminded him for vacation of house he again requested for one more year. After seeing such delay tactics I firmly told him to vacate the house than he refused to vacate the house and told me to go to the court but continued to deposit the 10% hiked rent in my saving bank account. Number of time we met and we had hot abusive verbal argument . In feb’2011 I close my bank account and refuse to accept the rent. Initially he threatened to deposit the rent in the court and after some consolidation by property dealer he agreed to vacate the house in next 11 month and also agree to register the agreement. Kindly advice
1. How it safe my interest.
2. Can he refused to vacate the house after expiry of agreement.
3. If so what will be the condition.
4. I should go for agreement or continue to force him to vacate the house immediately.
5. What preventive step I must take now.
ajay sethi
(Expert) 07 February 2012
get agreement drafted by lawyer .
get it stamped and regsitered .
provide for penalty of rs 1000/ per day if he fails to vacate on completion of 11 mont period (if he agrees to such a clause)
if he fails to vacate on expiry of period you can move court .
maintain cordial relations with him . wish him whenever you meet him .
NARESH KUMAR
(Querist) 07 February 2012
Sir,
You didnot say about his refusal to vacate the house after expiry of agreement and in which condition he can stay in my house after expiry of rent agreement
Regards
Naresh kumar
ajay sethi
(Expert) 07 February 2012
if he refuses to vacate then penalty for every day he remins in unauthorised posession . already mentioned in my reply .
NARESH KUMAR
(Querist) 08 February 2012
In that case generally how much time court take to order him to vacate my house and impose panelty to tanent for delay possession. Does Registered rent agreement safeguard my interest i.e vacation of house after expiry of agreement.
Shashikant V. Patil
(Expert) 10 February 2012
Serve him a proper legal notice or tell him to renew a rent agreement for running stay by him in your house for your safety.
M V Gupta
(Expert) 11 February 2012
Let the new renewal agreement be one for eleven months license and not lease. As a Licensee he is bound to vacate the premises on the expiry of the eleven months period. If he does not, it will be easy for u to get him evicted through court or competent authority if any appointed under the Rent Act.As suggested by Shri Ajay Sethi, u may provide for damages for not vacating the premises on the expiry of the license period.
Ashish Singhal
(Expert) 12 February 2012
I think you should immediately consult an expert counsel and get the agreement drafted and keep him advised that you are under legal supervision.
For further queries please contact us at:
Advocate Singhal
SCC LEGAL
scclegal.gmail.com
99 90 90 4111.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 February 2012
