General information on leasing the property
Sheeja
(Querist) 12 May 2014
This query is : Resolved
We have certain properties in Kerala that are rented out in a lease basis.
1) What are the clauses in the contract to specified so that we will not face with any issues when we want to evict the lessee from the property? To be specific, the properties are 2600 sq.ft commercial shop space and 10 rooms of 2 floor rooms for daily rent.
2)I have been reading about laws the protect lessee from eviction by the landlord. But I have a general question. If someone lets out my property for a some (say n) number of years (am getting rent regularly). On what basis does the lessee have the rights to occupy the property without my will and win over eviction? And is there any law protecting the ownership of the property to myself? Is there any limit to the number of years that I can lease a property without worrying about loosing property ownership?
Devajyoti Barman
(Expert) 12 May 2014
1. Specify the period of lease. Do not make it longer than 5 years.
2.The eviction of leasehold interest holder is based on expiry of period of lease.
There is no space of lease of comfort level.
P. Venu
(Expert) 13 May 2014
As the property is in Kerala, the provisions of Kerala Buildings (Lease and Rent Control ) would answer your query.
Any how, it is not open the tenant to deny the title of the Landlord. So also, the Landlord can get back the possession through the Rent Control Court for his bona fide occupation.
Rajendra K Goyal
(Expert) 13 May 2014
Get the lease deed drafted by some experienced lawyer to protect your interest.
Lease property is to be evicted after the expiry of lease period until and unless agreed otherwise.
Sankaranarayanan
(Expert) 13 May 2014
As simple as you approach the local lawyer.
ajay sethi
(Expert) 13 May 2014
get lease deed drafted by local lawyer . he will incorporate necessary clauses to protect your interest .
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
You have stated that you have already rented out the properties on the lease, thus what are the conditions that have been made in the lease agreement?, You go through the conditions once again, if you find any ambiguity in it, you may consult your lawyer and proceed as per his further advises.
Sheeja
(Querist) 13 May 2014
Thanks for the replies. As my father was dealing with all these, he usually lets the lessee to come up with the lease deeds. From now on, we will ask our lawyer to generate the lease deed. Thanks again
Sheeja
(Querist) 25 May 2014
Thanks for all the replies. I am seeing lot of dispute against between the rental lessee and the owner. When someone rents out a property (for any period of time) what reason does the lessee refuse to leave the property (when the contract ends)? It is someone else property and how can the lessee say 'I cant leave'? I keep seeing the arguments from the lessee that 'I am sole income generator and I don't have place to live' etc.In my opinion, these are silly reasons, because when he signed a contract, he knew that had to leave and it is not his property. Also, the owner would be giving some time to find another place (1-2 month notice)?
I know that every lawyer would say to file a case if the lessee refuse to leave. But because of our inefficient and long judicial system when things get to longer 5-6 years of time,ultimately the owner looses his time, effort, money all? So why does our law is so much for the lessee????
Right now I am lessee (residential) living in a foreign country, where I will either try to renew my contract/ or find a new place if the owner say to vacate/or if rent is too high that I cant afford. Even if I manage to stay here for more than 50 years in my life, I would never refuse to leave if the owner says so irrespective of the country I live in.
Hope the advocates take my question as not a legal question, but more of as a general one and provide with some valuable input.
P. Venu
(Expert) 25 May 2014
Man is a social animal. He needs to take care of others also.
