carterclemency (abc) 16 November 2014

Rental agreement - can i add this clause

sir

i want to let out my house in cochin and had the below added to my agreement clause..and the tenant is ok with it as well after the review. i had some very bad tenants in the past..so taking some precaution this time.
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the owner has the rights to take full possession of the flat after giving a 2months notice and returning the deposit amount after deductions for any pending rents and applicable electricity and maintenance charges..any period of stay beyond the 60 days notice and advance settlement is considered a tresspassing on the property and will be dealt with the applicable laws.
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does the above giving me any edge in avoiding any legal process and taking over the possession of the flat in case if there is any resistance from the tenant with regards to vacating the house.

kindly advise..

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6 Replies

Isaac Gabriel (Advocate) 16 November 2014

Yes.It could be added with the consent of the lessee.But this itself is not a bar for legal action.

Advocate Ravinder (Advocate/Attorney) 16 November 2014

Your rental deed should not contain clauses which are arbitrary and should be over and above the legal position. If the clauses in rental deed are arbitrary, the rental law will prevails. According to law the tenant must be evicted with due course of law. Even if you take in writing with him that he will evict the premises by his own will, the rental law will prevail and the tenant has liberty to file a case against the owner not to evict him.

newcomer123 (abc) 17 November 2014

sir,

is there any website where i can find local tenant law for the state of TAMILNADU ?

T. Kalaiselvan, Advocate (Advocate) 17 November 2014

@newcomer123: You may search in google for

THE TAMIL NADU BUILDING (LEASE & RENT CONTROL) ACT, 1960:

You will get the desired information once you have visited the above provisions of law.

T. Kalaiselvan, Advocate (Advocate) 17 November 2014

@need justice: The intended agreement can be made between you both, however, as rightly observed by some people, while implementation of this, the local rent control law will prevail and the arbitral phrases will not have any legal effect or can provide you the desired relief.

carterclemency (abc) 18 November 2014

Thanks. I checked for the below and founds this in wiki...

Provisions -

    Annual rent can be 10 per cent of total cost of the house at the time construction.
    Maintenance charges can be 10 per cent of the rent.
    Tenant also needs to pay the owner for property tax.
    Additional 15% rent for a furnished house.

So,is the above still applicable..thought the owner has to bear the property tax..