Civil Procedure Code (CPC)

How long same tenant should be kept

This query is : Resolved 

Querist : Anonymous (Querist)
24 July 2010

I have a house in Chennai, My current tenant is staying in my house from last 39months, I sign fresh rent agrrement with him in every 11months. I stay in Mumbai. Some of my friends told I should not keep same tenant more than 3 years. He may not vaccate the house latter.He can creat legal problem for me. I get the rent in my bank account regularly. I am worrired, Should I change the tenant now? or need not to worry.. pl. suggest

Yamalapalli Haribob (Expert)
24 July 2010

u need not worry.A tenant can not get better title than you even though he is residing since 39 months in your house.even he is not entitled to claim adverse possessin against you.your tenant possession is only permisive possession and on that basis he can not claim any right over your property.if you have any fear about your tenant,you can ask him to vacate the your house by giving notice as per tamilanadu state rent control act.

Rajeev kulshreshtha (Expert)
24 July 2010

i agree with expert Yamalapalli Haribob.

Querist : Anonymous (Querist)
24 July 2010

Thxs..He has never delayed in rent and paying EB and water bill.Finding another person is time consuming since I am not in city.His wife has very much liked and attached to my house
Is 11 months normal agreement what we make is valid in court?

s.subramanian (Expert)
24 July 2010

it is merely a mis tenant can get any sort of title over the property by being a tenant for any length of time. you can continue with the present system of renewing the rental agreement once in 11 months.if any problem crops up you have the right to approach the Rent controller to evict the tenant.

Devajyoti BarmanOnline (Expert)
24 July 2010

Yes, the tenancy for any period does not create title in the same.

Surrender K Singal (Expert)
25 July 2010

In the next renewal after 11 months, you may like to add a negative covenent in case he does not vacate after expiry of term of rent / lease, he may be burdened with thrice the agreed rent as penal rent till he hands over peaceful vacant possession back to landlord !

DEFENSE ADVOCATE.-firmaction@g (Expert)
28 July 2010

Even if all the expert agree they can not change the basic concept of rent acts of all states which favours tanents and not landlords.

Leave and lisence is in most of the acts is for one year only and thereafter the tanent gets protection that he can not be kicked out.

Recently Maharashtra has liberlised it somewhat and took out of its preview the companies who are having share capital of more than one CRORES, all others are protected.

M/s. Y-not legal services (Expert)
05 December 2010

Yes. I agree with experts..

Advocate. Arunagiri (Expert)
05 December 2010

As long as your tenant pays rent, you need not worry. You can evict the tenant at any point of time for the personal need of the property, or will full default of rent etc. All the tenants are not bad.

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