Tenant is not ready to renew lease agreement.

Why you kept silent all these years when the tenant is not interested to renew the lease period?

I was  totally not aware that I would have to renew the license to keep it valid,  always help the tenants and didn't got involved on any thing once the premises is rented. But currently he started to misbehave. So, there the problem started. 

Just issue him an eviction Notice and then file eviction suit..

1. The Tenant is legally not bound to renew the lease /rent agreement, more so since now Tenant would be classified as in "Adverse Possession" for over 17 years.  Your ignorance /apathy shall legally benefit the Tenant.

2. You may still "TRY"  Civil Court proceedings to evict Tenant, citing personal usage requirement. You MAY be successful in removing the Tenant if the Court deems fit.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hi Amit,

I am also facing the same issue, and dont know what exactly what we have to do, or what action we need to take in this situation,

can we connect over call and discuss ???


I am from bhopal madhaya Pradesh.

plz call me 8806069513.

@Hemant Agarwal
Thanks for the reply. will court not force him to do an agreement ?mainly he is not signing the agreement ?  

A tenant without agreement occupying a property is a trespasser, as it is the responsibility of the Lessee to reduce the agreement in the form of a lease deed and register it as per procedure laid down by State Government.  Without an agreement, holding the property as a tenant is not proper,.  Contact a local advocate to show the agreement, take his guidance, and serve eviction notice pointing out violations and do not accept rent if so advised.   There are many Government departments that are continuing, in the same way, manipulating the weakness of widows and old persons who have no support and in a case known to me for a  well developed commercial property of 22785 sq ft in heart of the city, Central Government was paying Rs.2,600/- rent to one of the legal heirs since 1980/(since 40+years) whereas selected by them, the taxes are Rs.6,000/- is the corporation tax per annum.  The real landowners can not approach court due to old age and their weakness is being manipulated.  Those who can afford have to take early action. (A tenant with the agreement, holding the property after expiry period, to my knowledge, can not claim adverse possession and he can not call others as landowners or deliver the property to some others than the original lessor with whom the original agreement is made under Doctrine of Estoppels Sec.116 and Sec.117 of IEA)

It is always proper to contact local advocate as expeditiously as possible.

[1] If the tenant has been paying rent the Law of Adverse Possession does not apply, further he is in possession under a writtten agreement that does not allow for a right of adverse possession,

[2] He is not a trespasser as he is in possession with an agreement,

[3] The Rent Act Laws of the State, where the property is situated, will apply.

[4] You had better consult a practicing local advocate immediately in your own interest.

Issue a legal notice for handingover vacant possession of the tenanted property within 15 days of its receipt, through a local prudent lawyer.

Originally posted by : Amit Roy
	@Hemant Agarwal Thanks for the reply. will court not force him to do an agreement ?mainly he is not signing the agreement ?

 

1. WHY be so gullible and not understand that you stand to lose your property.  Court has no authority to force anybody to sign any agreement and neither it is the duty /job /jurisdiction of Court to do so.

2. Coordinate with a local lawyer dealing in property matters, for your requirements.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

The posting suggest a confused approach.

Firstly, the tenant cannot be prevented from engaging in another business so long as it unlawful  and/or cause inconvenience nuisance to the landlord and the general public.

Secondly, he is not a trespasser just because there is no agreement. He is 'holding over the premises' so long as he is possession and duly paying the rent.

Thirdly, tenant is tenant; he cannot claim adverse possession with continued possession.

Anyhow, the landlord can seek eviction in accordance with the local rent laws. Alternately, the landlord can seek revision of fair rent, if due.

 

Calculate the rental arrears, issue notice,. If not obliged, file suit for eviction on grund of personal requirement.