Renewal of rent agreement
SAPNA KANNAIDAS
(Querist) 16 April 2012
This query is : Resolved
Dear Members,
The rental agreement of a flat expired in March last year (2011), however was not renewed and the same rent was continued to be paid by the licensee. The flat was sold in Dec 2011 to the new buyer. The flat was under mortgage and was freed in March 2012. The new owner wants the possession and we have asked him time till July 2012 to find an alternative. He is insisting on a new agreement for 4 months effective from March 2012. Is it required to enter into a new agreement for such a short period?
He has also given an undertaking signed by the old owner saying that the security deposit shall be paid by the new owner on vacation of the premises.
Can this be accepted?
Pls advise.
Thanks and regards,
Sapna K
prabhakar singh
(Expert) 16 April 2012
Do not enter into any new agreement.Even if the old agreement has expired in last March 11,if rent has been accepted there after by the old land lord for post expiry period,your tenancy has stood converted as a tenancy month to month.
You can not be evicted by illegal force,if tried upon,you can seek injunction order against landlord from civil court.
To evict you he needs to serve you a notice and need to file an eviction suit all that take years,may be decades.
Devajyoti Barman
(Expert) 16 April 2012
Yes it is not advisable to go for any new agreement.
After 4 months if the tenant refuses to vacate then file a suit for eviction.
Raj Kumar Makkad
(Expert) 16 April 2012
# Barman it seems that you have not read the query and reply of prabhakar singh well and thus your reply is confusing and not meant for the querist.
Raj Kumar Makkad
(Expert) 16 April 2012
# Barman it seems that you have not read the query and reply of prabhakar singh well and thus your reply is confusing and not meant for the querist.
Raj Kumar Makkad
(Expert) 16 April 2012
#Prabhakar Singh ji! I could not digest your advice. One should be very fair in his public life. We should not promote dishonesty in the soceity by suggesting not to go for the new agreement and pass time till decades possessing the property of others and so on....
Raj Kumar Makkad
(Expert) 16 April 2012
As per me the querist being a tenant should execute a fresh agreement with the new owner even though the same is for 4 months and should honestly keep its words after the expire of the period of lease agreement. There is no harm to tenant rather he is in illegal possession when he has already received a notice to vacate the premises. The landlord is free to recover mesne profits from him for the period, the tenant remains in the illegal possession of the property.
The landlord has not done a sin by allowing his tenant to remain there for a year without enhancing the rent/lease money.
One should make due regard of such landlord.
Shonee Kapoor
(Expert) 16 April 2012
I am also of the similar opinion that of Ld. Makkad, that you should enter an agreement for next four months, as the landlord is aceding to your request, so should you consider his need.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAPNA KANNAIDAS
(Querist) 17 April 2012
With due respect to the comments of all the experts, pls note that there is no intention of cheating anyone. However, there is a huge amount with the landlord as security deposit. The sale of flat was also not intimated to us.
We have now received a letter of intimation that states that the security deposit shall be paid by the new buyer on vacating the flat due to some understanding betwn both of them. This does not bear the new buyers signature and nor the date of sale of the flat. How do we proceed?
Regards,
Sapna K
SAPNA KANNAIDAS
(Querist) 18 April 2012
Can we ask for a copy of sale deed from the new owner?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 April 2012
I am of the opinion originally given by Ld expert Prabhakar singh, though he has changed his views later. THAT IS HIS FREE WILL.
If the new owner gives long term agreement it is OK, other wise settle the matter before legal forum.
prabhakar singh
(Expert) 20 April 2012
@ makkad ji!
i am proud of your honesty.
My advice is a legal necessity n not any dishonesty.
