Tenant stays more than 15 years without any legal agreement.


Hi My tenent stays in my property for more than 15 years. There is no legal written documents/agreements between us. They pay the rent as cash in hand each month. Will there be any problem in evacuating them later, can they able to claim the property or refuse to vacate the property.


Please suggest. Thanks a lot for your valuable advices.

 

Regards

Arul

 
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Law Officer

Dear Arul Even if there is no agreement between you and your tenant, there will be no problem in vacating your property. But if you feel, its necessity, then its better to have a license agreement. Its not easy to claim the property merely on the basis of staying for a long period.

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Legal Consultancy

Dear Arul,

If your premises is within Maharashtra, I recommend to enter into a Leave and Lisence Agreement immediately and get it registered by following the procedure of nearest police station identification of the Licensee.

 Under the provisions of Section 55 of the Maharashtra Rent Control Act, 1999 the Leave and License Agreement should be compulsorily registered at a nominal registration fees.

The responsibility of getting such agreement registered is on the Licensor (you) and in the absence of a  written registered agreement, otherwise the contention of the Licensee about the terms of his stay at your premises will be final and your say will have no effect in the court of law.

Ibrahim Deshmukh
Legal Consultant
Kuwait
ibdesh@gmail.com

 
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Dear Ibrahim,

Please enlighten us regarding the procedure to be followed for identification of the licensee in the nearest police station for the purpose of leave and license agreement.

Regards,

Vaibhav

 
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Mr. Arul tenant is always tenant. if any afraid about that make agreement with ur tenant and witnesses.


 

 
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 Dear Bhawani Mahapatra

Thanks a lot for your suggestion. I live in Tamil Nadu. Do i need to register with the nearest police station, if i make a legal agreement. Also if any dispute arise when later for vacating the property, do i need to approach the civil court. if yes will it take ages to resolve the dispute in the court. What is the best solution to follow in the future if any problem araises.(Hope it wont come but need to prepare for the worst).

Regards

Arul

 
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Legal Consultancy

Dear Vaibhav Bhole,

1)

If you have your flat or premises is within Maharashtra, then to give it on Leave and License is recommended.  Simply make a Leave and License agreement for 11 months (take help of a good lawyer in your area).  In the leave and license agreement do not mention "Monthly Rent" but use the word "Monthly license Fees".

You and the Licensee both go to Sub Registrar of your area and get Leave and License agreement registered by paying nominal fees (i believe its 500 or 1,000) if outside Mumbai city limits and if it’s not a shop (commercial place).  For commercial place its double. Thereafter go with copy of registered Leave & License agreement and photos of Licensee with his and your photo identification documents etc. to he nearest police station in your area and they will do the needful when you will show them that I am giving my place on leave and license to this person.   You will be just accompanying as landlord.

This procedure will help you a lot when you want to vacate your flat since the licensee will not be able to claim his tenancy rights on your Flat and he will only be a licensee.

The above is for you as a common man to understand.

 

2)

As a Lawyer and Legal Consultant, to others, who are of the opinion that registration of Leave and license agreement is not necessary in Maharashtra, I disagree with them and I would like to mention that :

Under the The Maharashtra Rent Control Act, 1999,  (MAH. ACT NO. 18 OF 2000) which came in effect from 31 march 2000, under Section 55 Tenancy agreement to be compulsorily registered.

Section 55 Sub-section (1) Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement for leave and licence or letting of any premises, entered into between the landlord and the tenant or the licensee, as the case may be, after the commencement of this Act, shall be in writing and shall be registered under the Registration Act, 1908.

Section 55 Sub-section (2) The responsibility of getting such agreement registered shall be on the landlord and in the absence of the written registered agreement, the contention of the tenant about the terms and conditions subject to which a premises have been given to him by the landlord on leave and licence or have been let to him, shall prevail, unless proved otherwise.

Section 55 Sub-section  (3) Any landlord who contravenes the provisions of this section shall, on conviction, be punished with imprisonment which may extend to three months or with fine not exceeding rupees five thousand or with both

Hope the above clarifies.

 

Ibrahim Deshmukh
Legal Consultant

Kuwait
Email: ibdesh@gmail.com


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Advocate

Dear Sir

 

Excellant reply for a comman Person.

 

Supriya


Total likes : 1 times

 
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ADVOCATE

where are you from. 

One thing you must know that  the tenant never become owner of the property.  Tenant is always a tenant. There are two methods in evicting the tenant.  One is under the Rent control law and other is under the transfer of proeperty act.  Basing on the quantum of rent jurisdiction of the case will  be seen. If the rental amount is not comes under the jurisdiction of rent control act, then you must issue notice under sec.106 of transfer of property act to  the tenant by demanding him to vacate your property with in one month. If the tenant did not vacate with in the statutory period you are entitled to file a suit for eviction against the tenant. If the lease is a oral lease and then it will become month to month tenancy and the act not provided any defence to the tenant and you will get eviction orders with out any hurdle. You can also claim damages for use and occupation by the tenant after the cause of action arosued for filing of the suit

Generally when there is no lease agreements, the disputes will come on the qunatum of rent. Here in after you pass receipt for the rents received from your tenant and obtain the signature on the tenant on back of the receipt.  You also collect documentary evidence of quantum of rent received by you 

Under the rent control act also you can file a eviction petition under the provisions of the act. 


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