Property on rent
N.B.Lal
(Querist) 12 February 2012
This query is : Resolved
I have rented out my house under 11 months tenancy agreement,which has been renewed twice to the same party.
My tenants have got many documents like voter identity card and bank accounts made on my residential address using rent agreements of respective years as adress proofs.Under the circumstances I assume that they can easily prove their continued occupancy of my premises as tenants in all previous years in case any dispute arises regarding evacuation etc.
Under the circumstances is their any use of getting seperate agreements signed for 11 months duration for each year of tenancy? What safe guards should I incorporate in future agreements to prevent any legal hassle in getting my property vacated whenever I wish.
Thanks!
V R SHROFF
(Expert) 12 February 2012
Change the party: Say if LL Agr is on Husband name, change it to Wife's name, giving gap of 15 days Register it.
It is advisable to change LL Party after every 11 moths.
M/s. Y-not legal services
(Expert) 12 February 2012
its not issue..
if your transaction is normal mean there is no problem.. your current tenancy period only will be considered by law..
no need to worry about continuous tenancy and with same tenant..
-tom-
ajay sethi
(Expert) 12 February 2012
you cn ahave leave and licence agreement for longer period too say for 33 months .
what is important is agreement should be duly stamped and registered . in addition you should take a security depsoit .
your agreement should be watertight .
if agreement is well drafted and you have taken precautions you have nothing to fear .
if on other hand flats in your locality are much in demand change your licencee .
prabhakar singh
(Expert) 13 February 2012
Next time you execute and get registered an agreement for "leave and licence" and "NOT tenancy agreement"may be for any period,11 months,22 months,or 33 months as you find suitable.
If it would be a "registered leave and licence agreement" it shall not create you such troubles in enforcing your eviction rights that you shall surely face in case of
" tenancy agreement" .
Engage a good civil lawyer for draft.
M V Gupta
(Expert) 14 February 2012
I agree with Mr Sethi and Mr. Prabhakar Singh. Normally when the lease is for a temporary period of 11 months u should not have given your consent to use the flat address by the tenant to obtain election card etc. In case of any dispute there is every possibility of him using the address on the cards to support his contentions. But u can always rebut the effect of such use depending on the nature of legal proceedings.
