Need expert advice on unregistered lease

Advocate

If you file an eviction suit  the first thing the tenant will do is he will deny the quantum of rent.  This situation will make you to suffer from monetary loss.  The unregistered lease can be marked as an exhibit only for a limited purpose to show jural relationsihp but not to ascertain the quantum of rent and the tenant will take advantage of that situation.  So I advise you to be patient and try to take rents by way of cheques for 3 to 4 months.  Simultaneously, make the tenant to sign the counter foil of the rent receipt clearly mentioning the monthly rent and arrears therein.  The ready made rental receipts are available in the market with counter foil on the left side and main receipt on the right side.  Fill up the right side recept and sign over it and on the left side counter foil, take the signature of the tenant.

Another way of quantification of rent is to obtain a certified copy of P & L account of the tenant/company from the registrar of companies and see if you can find any quanitification of rent of your property therin.

 

 

 
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All previous rent was paid by a/c payee cheques , details of the rent mentioned with the receipt enclosed with the cheques. In this case what step tenant company can take?

 
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Anyone can suggest possible consequence if any extreme method applied including take possession of premise by force. What criminal and other charge they can frame against the landlord and what can be done to minimize the damage? If possession taken by force, How long can be delayed the matter  of regaining  possession by tenant ?

 
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Lawyer

A lease deed for more than one year is compulsority registrable.  Any way you need not panic.  You can rely on the lease deed but you may have to remit the fine for non registration.  the court can look into the deed.  You have to file a rent control petition to evict the tenant.


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Lawyer

advocate munirudden is very correct and his advice is very correct

 
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Software Engineer

Hi ,

As it is mentioned if lease period is more than 1 year it should be compulsary to be registered.

Though if agreement is registered having exit clause clearly mentioned will it favour owner in case any despute happen with tanent ?

Can you please clarify ?

 

 

 

 

 
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mani sir thanks for showing your interest, I have already mentioned above that the company is paying rent by cheques and receipt enclosed mention payment details clearly the month, monthly rent and arrears etc.. Having payment record of 3 years rent paid by cheques , the company can deny the quantum of rent ??kindly clearify.

If the tenant can deny the quantum of rent on the basis of unregistered lease ,then lessor also can deny the actual rent and ask for increased rent ?is it possible  ?

 
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Software Engineer

Hi ,

As you have evidance of cheques. So don't worry.

If you file eviction suit against tanent at any cost they ahve to pay same rent in court. So through court you will get that rent whatever they paid by cheques earlier. So there will not be much financial loss for you.

Once you file eviction suit against tanent, they will definitely come negotiations.

I am telling you don't bend your head. As a owner protect your right. But is proper manner you have to proceed.

Don't demand for high rent through court. That will give a chance to tanent to drag the unnecessary arguments.

Under T.P Act you ahve special rights. U can give 30 days time and ask to vacate as premises is required for your own perpose.

As the agreement is unregistered that is advantage for you not for tanent.

Don't afraid. May be case will run 1 or  years in court. Let it be.

Once your tanent vacate the property , can get more rent what you are getting now.

In my openion only one choice u have is to file eviction suit against Tanent. Otherwise you have to loose your respect and money. Don't thing too much.

 

 

 

 

 
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