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shoib (-)     20 November 2011

Leave and locense agreement after 24 months rental agreement

dear sir,

i had rented my house to a tenant for a period of 11 months on the basis of a rental agreement. at the end of this term i wanted to evict him, but he wasnt willing to leave; after much arguement i agreed to extend the agreement for another term. the second term is nearing completion, however, he doesnt seem to be willing to leave even now! 

i wanted to know that if i ever did agree to extend his term of tenancy for another year, would a "leave and licence agreement" this time, help me in his eviction later on?

i'm a resident of karnataka and i'm not very aware of the rules concerning "leave and license agreement". i doubt this tenant would leave, without me dragging him to court. please advice me on this matter. 

kindly help me.



Learning

 5 Replies

ajay sethi (lawyer)     20 November 2011

is your leave and licence agreement duly stamped and registered/

 

what are the clauses in your agreement if tenant does not vacate?

 

does it provide that he shall pay penalty of __________amount per month if he refuses to vacate posession ,.

 

you can  make an application for competent authroity to evict him

1 Like

B.K.GUPTA... (ADVISOR)     21 November 2011

Mr Shoib

It appears that at present you don't have "Leave & License Agreement" and it is not clear that how you extended

the second term i.e.you got the agreement simply renewed or took undertaking that he would evict the premises.

One thing is quite clear that in any case you would have to file a suit for eviction.

Better course would be to take an undertaking from the tenant that he would vacate the premises within say 2 or 3 months (let him be specific about the period) and but not later than such and such date.It would make him responsible and if he doesn't vacate by then your case would be strengthened.

1 Like

Rajender Dahiya (Partner/Advocate)     22 November 2011

I agree you have to file a suit for eviction. but first serve him a notice to terminate the leave and license agreement and for vacating the suit.

 

Rajender Dahiya

1 Like

shoib (-)     28 November 2011

dear sirs,
thank you for replying. but, it appears my question is unclear and thus misunderstood. i have a rental agreement with my tenant, which is due to end in a few months. all i wished to ask is that -

firstly, will it be helpful to extend the agreement for another year on the basis of a leave and license agreement instead of a usual rental agreement?
secondly, what must be the specific clauses that would strengthen my case, in case the tenant did not vacate at the end of the next term? 
extending his term this time is inevitable, since, he has agreed to my rent and also to vacate by the end of next term. but i wish to remain on the safer side.

Kundan Kr. Singh (Advocate)     28 February 2012

Mr.Shoib Before end of term you may give give notice to the tenant,there after take legal action against him.

What is the term and conditionin rent agreement you know better.Or contact lawyers.


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