Samuel 02 November 2021

Rental issue

Gentlemen kindly advise.

I rented my part of a house to a tenant. He is staying from 2010 in my house. Still there is no issues with the tenant. Due to pandemic I am not willing to vacate him now and he also spend his own money for interior decoration. I forgot to make rental agreements from 2016. As he has staying for more than 10 years will there be any problem in future.

If I want to renew the rental agreement as new coming tenant, how to mention in terms and conditions that previous agreements are not valid and not claimable anything else. How to confirm that the previous done rental agreements are cancelled. I wish him to continue but he should not make any problem in future.

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Anusha Singh 02 November 2021

As per your query it is understood that you need information regarding the rental agreement.

As you said that you do not have any problem with this tenant then you can make an agreement now or renew that agreement with all the terms and conditions and you both can enter into agreement and you don’t have to vacate the house just because he is staying there from last 10 years. You can just keep renewing the agreement every 11 months.

Only in cases where there is adverse possession, 12 years period is taken into consideration and adverse possession have some conditions too which needs to be fulfilled before claiming any property but there is no such situation in your case. In your case it can be clearly permissive possession, by way of a rental agreement renewed by you every 11 months. If you do not have any issues with the present tenant, then there is no need to cancel this and ask him to vacate.

If you want new tenants then you can make a new agreement and then you and the new tenants can come into agreement there is no need to mention anything about the old tenant.

Hope it helps!

Regards,

Anusha Singh