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Airoli Estates   11 August 2017

Ownership change while on rent

thank you in advance.
I have one more year of my rental agreement out of three yrs. my owner now is planning to sell this apartment and iam not ready to move out. if at all my present flat owner sells it to new owner, do I have to make a new agreement with the old and new owner for the remaining one year.? what are the precautions I have to take in case he sells this apartment to new owner.


 6 Replies

Siddharth Srivastava (Advocate)     11 August 2017

No new agreement is required to be executed as the rent agreement shall be binding on subsequent owner.

G.L.N. Prasad (Retired employee.)     12 August 2017

Normally giving vacant possession is the practice.  It depends on mutual understanding between the parties which must be in writing, acknowledging the possession delivered to the purchaser,.

GANDHI MOHAN BHARATI (Pensioner)     12 August 2017

Unless the previous owner gives you notice to vacate and abides by such conditions as stipulated in the agreement, the previous agreement is binding on the new owner.

However, if approached by the new owner you may enter into an agreement with him.

I would suggest that you may inform about your rent deed to the new purchaser through anadvocate

Adv Rohit Dalmia 9324538481 (Lawyer)     12 August 2017

Does your agreement have such clause about the present agreement binding on new owner? if yes, then the new owner have to abide by it. but there has to be confirmation letter written by the new owner as accepting you his licensee and that he shall refund you the deposit amount, if any on providing vacant and peaceful possession back to him.



Adv. Rohit M. Dalmia



that i somethign upto the NEW OWNER. if the seller had a clause to deliver the vacant flat to the NEW OWNER in the sale agreement, then the current owner can get you vacated.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 August 2017

Has the owner spoken to you about his intention to sell the flat and in that event your having to give vacant possession immediately? If he has not spoken to you and you are knowing from other sources that he intends to sell the flat, you go and ask him what is the truth and whether you have to vacate the flat now. If he says that you have to give vacant possession immediately the legal position is like this. If the tenancy agreement between you and the present owner is silent on the issue of change of ownership of the flat you can continue in the flat for the remaining part of the tenancy agreement. As to whether the same agreement can be continued or you should execute a new agreement with the new owner are metters to be decided with all three of you sitting together.  If you suspect that the owner may sell the flat misrepresenting to the new owner that you will vacate the flat you can do any of the following. (1)  If you know the new owner in advance you can inform him through a notice either on your own or through a lawyer apprising him of your agreement with the present owner and that you shall continue for one more year. (2) Give a public notice in a newspaper (3) Approach a court and issue a coveat to the present owner ordering him not to sell the flat without giving notice to you and settling the issue of your tenancy. No one will buy the flat if one knows in advance that there was an issue with regard to tenancy...

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