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Subletting the room in 2 bhk apartment

(Querist) 14 January 2015 This query is : Resolved 
Can one enter in to leave & license agreement for 1/2/3/6 months for a room in a 2 BHK apartment or it has to be for the full apartment? What are the options ?
ajay sethi (Expert) 14 January 2015
it is yourr call . you can lock one room and give other part of flat on leave and licence
Siddhi Agarwal (Querist) 14 January 2015
Sir,

May my query was not understood. I am talking about subletting a room from our 2 BHK apartment where my family stays. So it is not about locking of room but legality of letting out just a room of the flat on leave and license basis.
ADV-JEEVAN PATIL, MUMBAI (Expert) 15 January 2015
Leave & license agreement is normally for 11 months or more. It is optional to give 2bhk or 1bhk locking one room.

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Rajendra K Goyal (Expert) 15 January 2015
Subletting is one of the grounds for terminating the rental agreement.
Siddhi Agarwal (Querist) 15 January 2015
Mr. Goyal & Mr. Patil,

Thanks for your time and opinion but we are the owners and not tenants.

We are staying in flat and want to rent out only the spare bed room with attached washroom with access to Kitchen and living room so where is the need to lock 1 room ?
Sri Vijayan.A (Expert) 15 January 2015
If any tenant available, you can let.
Kishor Mehta (Expert) 15 January 2015
Madam,
You can opt for a paying guest agreement, provided you do not give it to a family. Paying guest agreement to an individual will solve your problem.
Be careful about the terms of the agreement, it should not amount to renting.
Good Luck,
Kishor Mehta
Siddhi Agarwal (Querist) 16 January 2015
Mr. Mehta,

You are a gem of a person. I remember on earlier occasion also there was clarity in your advice and not just a vague reply other responses are missing missing on clarity. But then tell me if a couple can be given PG facility and if society can object to it. Pl. accept my thanks.
Kishor Mehta (Expert) 16 January 2015
Madam,
Thank you.
It is advisable to keep sigles as paying guests, society should be requested for permission.
Good Luck,
KIshor Mehta
Siddhi Agarwal (Querist) 17 January 2015
But again a ? mark is raised. We are told that for PG there is no such agreement at the most an undertaking from the PG mentioning the terms of arrangement. So do we really need to enter in to an agreement ? If yes then does it needs to be registered ?

Thanks for your time and sharing the expertise for a social cause of this forum.
Kishor Mehta (Expert) 17 January 2015
Madam,
Please get a draft of PG agreement prepared by an advocate on 100/- Rs. Stamp paper and get the same witnessed and notarised.
The period should be expressly specified as also the term that the agreement does not create a tenancy right in the premises, besides other terms.
Please get a permission from the society.
Good Luck,
Kishor Mehta


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