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REGARDING RENT OUT MY FLAT-URGENT

(Querist) 07 December 2009 This query is : Resolved 
I WANT TO RENT OUT MY FLAT TO SOME STRANGER PERSON PLEASE ADVICE ME WHAT I SHOULD DO?I ASKED ONE OUR LAWYER HE SAID DO NOT MAKE ANY RENT(LEASE)AGREEMENT IS IT CORRECT ADVICE BY HIM? WILL IT NOT RISKY AT THE TIME OF VACANT THE FLAT WITHOUT AGREEMENT?
Devajyoti Barman (Expert) 07 December 2009
In Indian Rent Act the eviction of tenant is quite difficult and in that circumstances it is better not to enter into any tenancy agreement as in absence of a tenancy agreement it would be easier for you to evict that person on the ground of license. However in that situation you will have to abstain from issuing any rent receipt.
Raj Kumar Makkad (Expert) 08 December 2009
Unfortunately the situation told by Barman and your counsel is correct because this is a reality that the owners are becoming day to day tense in getting eviction of their properties from the tenants. Litigation take long long period and till then a situation of tension/harassment goes on many years.

It is better to follow their opinion.
S. Bharath (Expert) 08 December 2009
From what the experts say here, it is curious that the situation perhaps varies from State to State. In Chennai city the Rent Control Courts dispose of cases much faster [cases under tenancy] than the civil courts [cases of recovery of possession], so it would be better here to make a rental agreement.
niranjan (Expert) 08 December 2009
Without lease agreement and without passing rent receipt how can you prove that he is your tenant ? It is always advisable to go as per law.Lease agreement may be done and it may be got registered.In any case once the premises is given on rent either with or without lease agreement,without rent receipt,it will be difficult for you recover possession.


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