rent agreement
rajamohan rengaraj
(Querist) 06 September 2010
This query is : Resolved
hi... what is the best way to come out of tenant and landlord dipute. is it safe to enter a oral agreement between the land lord and tenanat regarding the tenancy? what is the evedentuary value of the oral agreement before the court of law?
Devajyoti Barman
(Expert) 06 September 2010
It is always better to enter into a written agreement as the written document is easier to prove. However oral agreement is also admissible if can be properly proved. Then again the question of rent receipt comes up.
prakash vathore
(Expert) 06 September 2010
whats the difficulty man just entered into an agreement for 11 month go for registration of it and right of both parties will be secuered.
R.Ranganathan
(Expert) 06 September 2010
Oral agreements are difficult to prove. You must be aware of it. Then why you want to go in for oral agreement. Enter into a written agreement to safeguard yourselves.
Kiran Kumar
(Expert) 06 September 2010
certainly the written agreement will be helpful in case any dispute arises between the two.
Rajeev kulshreshtha
(Expert) 06 September 2010
A written agreement is good.because in this case the terms and conditions will be clear and it helps you in case of any dispute.
H. S. Thukral
(Expert) 06 September 2010
There is no need to go for registration if lease is for less than one year. There is much talk about written agreement or oral agreement. The only advantage in the written agreement is that there is no dispute regarding quantum of rent payable and the continuation of tenancy during the period of the agreement unless it is forfeited due to provisions in the agreement in this regard. Legally speaking, if the tenancy is covered under rent control laws, the agreement is of no help to landlord in evicting a tenant on expiry of agreement. He is protected tenant under the law. If the tenant is not covered under the law, after the expiry of agreement he is tenant by holding over and the agreement of tenancy is from month to month terminable by giving a notice of fifteen days. If on the expiry of agreement the landlord refuses to accept the rent, the tenant is in unauthorized occupancy but yet he can not be evicted by force and process of law is to be followed. In simple language having a written agreement, even registered, landlord does not get a right to throw out the tenant and enter the premises.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 September 2010
Yes thukral you have really touched the crux of matter.
Learned friends we face these problems every day . You can come out of written agreements , oral you can get escape routes.
BUT MR THUKRAL HAS EXPLAINED ALL.
