PREM KUMAR (BUSINESS OPERATIONS & CORPORATES SALES) 26 September 2026

House owner protection

Respected Lawyers,

I am a house owner, and one tenant is there in my first floor who is staying for the last 8 years without any rental agreement, but they send the rent every month through Gpay.

What is the risk invloved to continue them, and how can I protect my ownership rights from this tenant if I continue to allow them to stay for more years at my house... Pls suggest further process, do I need to ask them to vacate or take any rental agreement etc.. which can protect my house owner rights...

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Quick Summary

A homeowner is concerned about the legal risks of having a tenant for eight years without a formal rental agreement, despite regular rent payments via Gpay. They are seeking advice on how to protect their ownership rights and what steps to take, such as formalising an agreement or asking the tenant to leave, to avoid future complications.

3 Replies

Dr. J C Vashista (Advocate ) 26 September 2026

It will be better to replace present tenant to avoid any legal complicacy.

P. Venu (Advocate) 28 September 2026

Admittedly, the rent is being paid regularly. So, what is the problem?

Ashish Davessar (Advocate) 28 September 2026

If you have rented out the property to someone and inducted him as a tenant without actually executing a rent agreement/lease deed it is a recipe for disaster in as much as he may refuse to vacate and claim to be not a tenant, which means even if he is to be treated as a trespasser he can evicted only by following the due process of law. You will not be able to initiate any action against him under the rent control laws in existence.

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