Rent/lease related
Neeraj Malik
(Querist) 07 February 2012
This query is : Resolved
Hello Expert,
How you doing?
I am having one query please,my retd. Parents are going to buy an Apartment in Faridabad (Haryana)for which Agreement of sale has been prepared & approximately 80% of the Selling price already been made to the Seller.That flat is under Rent agreement for 11 months with the current owner & tenant is staying there since last 3 months.
What seller has included (manually) in Agreement of sale that"The Property is under Rent Agreement which will be renewed by the Buyer (us) after its sale."At the time of signing the Agreement of Sale we didn't give as much emphasis on that condition and also we have been told by our Dealer that this is normal, nothing to worry about that.Since then we have been consistently saying to the buyer that we don't want to put our property on Rent rather my Parents want to move in after we buy the propoerty. Now tenant is saying i can't move out as i had an agreement with the current owner for 11 months.Current Owner (Seller) already conveyed to the tenant that based on his circumstances he had to sell this property even though he had made a Rent agreement 3 months ago with the tenant.My parents are even ready to cooperate with the tenant by giving him another one month to sort for his new rented house, but he looks very stubborn and not at all cooperating.
Now in this situation what are tenant rights & what better you suggest for us keeping in mind Property Registration will be done in 10 days time.
Seeking for your kind consideration.
Thanks
Devajyoti Barman
(Expert) 07 February 2012
Mr Malik I regret to inform you that before expiry of 11 months from the date of execution of tenancy you can do nothing.
If thereafter the tenant refuses to vacate the property then your only remedy would be to file a suit for eviction.
You should have taken good legal advice before buying the property.
Deepak Nair
(Expert) 07 February 2012
Try to sort out the issue amicably, since the tenant cannot be forcefully evicted in your case. You have to wait till the expiry of 11 months rent agreement.
ajay sethi
(Expert) 07 February 2012
have you gone through the leave and licence agreement ?
is their a clause that on issue of notice by either party agreement can be terminated .
please cross check .
if you dont want to keep the tenant/licencee request the seller to refund your money . if he is agreeable cancel the deal .
always consult a lawyer before purchasing any property/drafting any agreement .
by trying to save a few thousand ruppes you have landed your self in a bigger mess .
