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Rama Kanth (IT Profession and LAW Student )     15 March 2018

Leave and license agreement or rental agreement ?

Dear Sir / Madam,

    I have a residential property and i am willing to let out the property for residential purposes. I was searching the internet for sample clauses to be included in the rental agreement. I found one article stating "Rental / Lease agreement' and 'Leave & License'" .. Not to use words like "Landlord/Owner" in the agreement

I was referring this article https://www.evaluer.co.in/rent-agreement-and-leave-and-licence-agreement-understand-the-meaning-and-difference/

Could someone please guide me whether i should mention the agreement as "Leave & License Agreement" instead of "Rental / Lease Agreement" ?

Should i use the words "Licensor" and "Licensee" instead of "Landlord / Owner" and "Tenant".. "Rent" as "License Fee"?

In case of eviction if tenant refuses to vacate and create mental tension to me i should get the eviction order from court at an immediate disposal rather than prolonged timelines... Hope you all could understand my concern..

Thanks in Advance 

Regards

Ramakanth



 3 Replies

R.Ramachandran (Advocate)     15 March 2018

I am amused.

If use of such words alone in any agreement would ensure vacation of the premises by the person occupying it (I am deliberately not using the words tenant, lessee, licensee etc.,) then all would have used only such words and phrases, and there would not be so many court cases against the person who is in occupation of the premises for not vacating after the period is over!

Further, it is amusing to note your wish: "In case of eviction if tenant refuses to vacate and create mental tension to me i should get the eviction order from court at an immediate disposal rather than prolonged timelines...

Having assumed that in spite of using such alternate words in the agreement, still you use (involuntarily) the word 'tenant' and anticipate that there will be court case for getting eviction.

It is amusing that you expect eviction order from court at an immediate disposal, despite knowing the number of cases pending before the court and the normal time being taken for disposal!!

What is important is the substance of the agreement and not the form of the agreement orjugglery of words.

Rama Kanth (IT Profession and LAW Student )     15 March 2018

Thanks for your reply... I am a common man and with great difficulties i constructed the house for getting some money ...for letting the part of my house to support additional expenses... i am worried and learnt from people that Law will support tenant only rather than owner , that looks very bad to me ..such a big country and the law is not supporting owner inspite of the fact that owner is the legal authority. so i am trying to generate agreement which should have more control to me as an owner .. so seeking help on preparing the same...hope u are understanding my intention.

R.K Nanda (Advocate)     15 March 2018

better go for leave and license agreement for 11months.
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