Even with the application of the Lease and License Agreement system, it is still difficult for a landlord to protect his property from unwanted overstaying tenants. Even if contracts are enforceable in courts, the actual enforcement takes years or decades to accomplish.
There are two types of tenancy agreements in India, Lease Agreements which are covered by rent control laws and Lease and License Agreement which are not.
A Lease (or Rental) Agreement is covered by restrictive rent control laws. The amount of rent that can be charged is based on a formula devised by the local executive, legislative or judicial government, as the case maybe. For Delhi, the maximum annual rent is 10% of the cost of construction and the market price of the land, but the cost of construction and the price of land are both based on historical values and not the current market valuation. So the older your property, the smaller the rent you can charge. Rents can only be increased by a fraction of the actual cost the landlord has incurred in improving the property.
The Lease Agreement transfers the right of ownership to the tenant for an indefinite period of time, which can be problematic because it encourages the tenant to claim the right to permanent occupation. In numerous cases, tenants have refused to relocate. When brought to court, these cases can take 10 to 20 years to resolve.
Most landlords prefer a Lease and License Agreement. This agreement only grants the tenant a license to occupy the property for a period of 11 months, with an option for periodic renewal. Because the rent control laws (which are largely in favor of tenants) only apply for lease agreements of at least 12 months, establishing an 11-month agreement serves as a pre-emptive measure.
To avoid complications, since landlord prefer these agreements, we will only discuss Leave and License agreements for the rest of the article.
Prior to occupancy, tenants usually pay a security deposit of three months’ rent. This is usually refundable at the end of the contract, if no other liabilities have been left unsettled. Deposits are expected to be returned within a month after the end of the tenancy, or as stated in the contract. Until the deposit is returned, contracts commonly stipulate that interest must be charged on the deposit, computed at a daily rate. Advance payments for six months up and full payment for 11 months are popular.
Since Lease and License Agreements are designed to escape restrictive regulations, all terms are governed by agreement between landlord and tenant. Aside from the most basic condition that the tenancy is only for 11 months, everything must be stated in the contract. (For a copy of a sample l Residential Lease & License Agreement, click here.)
Typical contracts include a provision that, if either party wishes to prematurely terminate the contract, three month’s notice must be given.
The typical agreement also prohibits subleasing. To deter tenants from overstaying, experts recommend including a clause quadrupling the rent if the tenant does not leave when the contract ends.
EVICTION FOR NON-PAYMENT OF RENT
|Duration until completion of service of process||142|
|Duration of trial||24|
|Duration of enforcement||46|
|Total Days to Evict Tenant||212|
|Courts: The Lex Mundi Project|
Court proceedings of any type should be avoided at all times. Well-defined contracts will greatly help landlords to convince tenants that they (the landlords) are likely to win the case in court. As stated above, eviction cases can last up to 10 or even 20 years.
Local laws cover landlord and tenant agreements. Many local rent control laws such as the Maharashtra Rent Act 1999, Delhi Rent Act 1995, Tamil Nadu Buildings (Lease and Rent Control) Act 1960, strictly regulate rental agreements that are 12 months or longer in favor of tenants. If the monthly rent payable on a property exceeds Rs3,500 (US$76), the agreement is subject to the Transfer of Property Act (TPA), which assigns the landlord responsibilities including i) disclosure of information regarding material defects in the property and ii) uninterruptedoccupation of the property for the agreed period (subject to periodic visits by the landlord for inspection). In this case there are more grounds for evicting tenants, but the situation is still disadvantageous to the landlord.
The laws on landlord and tenants in India are archaic. The national government is encouraging local units to relax these laws to encourage investments in housing and construction. How fast will India will move to abolish its old system is very much questionable. The Maharashtra Rent Act 1999, for example, is slightly more pro landlord than the Bombay Rent Control Act 1947, but it does not still sufficiently protect landlords’ rights.
#1 KIRAN CRASTA | March 15, 2010
After staying for more than 25 years at a land in a self built house, can a tenant register the land in his name
#2 PARSHURAM RAUT | March 19, 2010
I had given my shop on rent, and it's been over 6 month the contract has expired. the tenant is not leaving my shop nor paying the rent, what can I do? what can be a fastest way to get possesion on the Shop in a legal manner.
#3 MUKESH SHAKYA | March 22, 2010
i got the full iformation about lease agreement. but what happen when lessor is died after the agreement.
#4 LESLIE H RAJ | March 27, 2010
1)We are staying in rented house for more then 120 years ( from the time of my great grandfather )the rent is 30 rupees a month . The landlord hasent taken permission from Khadki Cantoment Board nor The tenants who are staying and has started bulding his house due to which are house walls have got damaged , The landlord is perposly doing this so that the wall falls and he can take out all of the tenants from there . so pls help me , should i take help of RTI
#5 DROOVE | March 27, 2010
We have been staying at a rented house since 100 years now , we have asked the lanlord to provide us with a NOC to procure a water and light connection. He has refused to give the same and is not willing the talk to us.
Can we approach the court to get the same . Further what is the action we take regarding the same.
#6 ABHA | March 29, 2010
I am staying in a house for last 22 years. But now after my inlaws died me and my husband came to know that he has a unregistered GPA in his name and other papers for sale and purchase in the Name of my brother in law. Unfortunately, he also died 2 years ago. Now my sister-in-law has got the papers in her name and is now telling us to vacate. All these years we have been given understanding that this is our house and now she tells us to vacate. Can we take stay from court and how many days it will take to seek this.
#7 SATYAJIT DUTTA | March 29, 2010
Is it possible that the govt. can cancel the lease given to the defense personal after retirement, and paying off the yearly fees as allocated by the govt. stating the regional factor (quoting that as you do not belong to same language of this state, the lease is canceled).
If this is not under the lease act. Which act covers this? Being first an Indian, we have the right to settle anywhere in India. More over the documents supported shows that the individual was born and brought up in that state, and even served the country in air-force.
#8 RAJIB SHARMA | April 05, 2010
Hi, this is a good service a lot things I came to know from this site. One thing I want to know that,as our rent control act in faviour of Tenant, as a landlord what pints should I mention while making Tenancy Argeement to prevent odds.
#9 NIMISHA MISHRA | April 08, 2010
Hi, we have the tenants residing at our place since 30 years..without agreement and now they refuse to vacate the said place. How can we make them to vacate the said place through legal process. The said place is in chattisgarh.Please advice.
#10 MANISH JAIN | April 13, 2010
I have purhased a new Building with a tenant at the groundfloor acquiring 2bedroom along with attached kitchen & bathroom , now I want to vacant the flat by shifting the tenant to a new flat ! Please help what to do.
#11 KRSNA VALLABHA | April 30, 2010
Hello, I'm renting a flat in Puri Orissa, I'm a foreigner, and we did a contract for 12 months and paid everything in advance, as it was the condition of the landlord and we didn't have any where else to move.
So now, my grandmother is sick and getting a heart operation on 15th may, we gave 1 month advise that we have to leave and want our money back (5 months have passed) so still 7 months to go to finish the contract, and now the landlord she says she cannot give us back the money till she doesn't get another person to rent the flat (note: my grandmother lives in the west and all the family has to go there).
PLEASE HELP! Any info or advice will help.
#12 AMAN | May 05, 2010
i ve rented a flat of mine in chandigarh to a lady since last 4 years.the rent agreement expired last year n i ve told her to vacate my house bt she is nt doin so n telling me that she will vacate the house after 2 years she is a widow..so could you plese tell me what all can i do legally to make her vacate my flat...
#13 ZAMA | May 14, 2010
What is the cut-off period for a tenant to claim ownership on the building he is occupying and under what conditions. Does it involve the land where the building is constructed ?
#14 RAGHU M | May 15, 2010
I & my family are staying is rented house from 40 to 45 years. Our single room size is 10X10 & also 3x10 open space in front of our room. Our house is located in out house of bunglow plot. 10 to 12 years back we have won the case against our lanlord in a district court. Our lanlord has approached us after the case, that to leave the room. We have told him to give us 2 to 3 room plot alongwith water & meter in same or nearby area. But he has refused & told us to take only 60 thousand rupees & vacate the room. We refused for the same. Now our lanlord is giving us lots of trouble like not parking 2 wheeler in his bunglow plot i.e. in front of my room. After midnight 12 we are not allowed to enter are house as the gate of the bunglow are closed. He make the record of entry. None of our materials like shoes, bucket etc. should keep in the open space in front of our room. I request can you give me suggestion that if i leave that room, how much amount we should take from him. Now the rate in ur area is min 3500/- to 5500/- sqft. or shall i go to the court.
#15 VENKAT | May 31, 2010
I stayed in rented house, recently 15 days back (15th May 2010) I was vacated from the house, during my stay i signed 11 months agreement, and it was over by Sep 2009 after that not renewed, and I was given 1 month notice to the owner and vacated within 15 days only and I told the owner to deduct full month of the rent and return my deposit which is 3 months (6800 * 3) i.e. 20400 /- rs. During my stay because of the furniture there are some stains on the walls otherwise everything is OK. My owner is staying at US. After vacating I have sent so many mails regarding the Deposit return, he not responding for those mails. Already 15 days are over .Some his close relatives are staying in the city, I came to know that he painted entire house, without my intimation. Is it required me to pay the painting cost? Now I donâ€™t know how to collect my deposit, please help me.
Thanks and regards
#16 PRABHAT | July 19, 2010
I'm working in S/W Company in Navi Mumbai. My native is UP. One Year back I got a Flat for Rent in Navi Mumbai (In Ghansoli).I took that flat for rent of Rs.3500/M.And we gave brokerage of Rs.5000 to the broker.Our flat owener is in Mumbai. We also put bond for 11 months. Now the bond date was over.Owner asked us to extend the Bond and he said the rent amount was Rs.4,000/M. This was too high for 1yr (around 15% increment). Apart from this, the broker asking Rs. 4000 as brokerage for extending the bond for this year. This was the illegal, cheating, fraud, theft things he had doing. What necessary steps I can take to the broker.
Please hep me what to do ??
#17 SUMIT | July 19, 2010
is it necessary to register the agreement . And if the tenant does not vacant the room after 11 month what step should we take against him .When the agreement should be registered ,can it be registered any time after signing the agreement or there certain specified date or days to follow .
#18 NEELAMBARI | July 27, 2010
I have been living in a rented house for more than 60-63 years. My landlord has troubled a lot of times to throw us out of the house. He doesn't live there infact lives in a posh bunglow. My house leaks in monsoons and the landlord doesn't allow us to change the roof nor he doesnt allow to do any changes which will benefit us. We have taken a legal action against him and every time the decision is from our side. Our landlord wants to build a building on our house and so wants to throw us out. What should be done ahead with this? please help..
#19 NILESH CHOUDHARI | July 29, 2010
i am a landlord.in 1987 i had sued my tenant for evict my place and recovery of my rent in the court because he was not paying rent to me.the trial is still going on in the court and even in 1992 court made order against my tenant to pay rs.15000 but he didnt pay.my tenant claimed for standard rent in the court.since 1998 again court made order agaist him to pay standard rent in the court but he again ignored to pay. in 2007 my tenant place had been demolished by corporation because this place came in road winding and corporation has given him substitute place on behalf of this place on rent. till today trial has been going on.can this case be dismissed or ended?what should i do?can i build new building on this place? please i need your help.
#20 SANJEEV GUPTA | July 30, 2010
I am the owner of a company which is having a Godown on rent from the landlord since 1985 in UP, whereby we are paying regular rent with an enhancement of 15% every three years.
Now the landlord has sold the property without intimating us and today we have recieved a notice from the new owner to vacate the premises within 30 days.
Kindly help. [email protected]
#21 JITEN | August 03, 2010
Hi, I have an apartment in india,I am staying abroad now.I want to give this apartment on rent as there are many guys approaching.I haven't given power of attorney to anyone to sign on my behalf.
Can you tellme if I can agree with the tenant on the email, and exchange soft copy of the lease agreement.Then my friend can sign on my behalf, I can send a scanned letter to him.
Need to some light and expert guidance.Please help.
#22 KUMAR | August 10, 2010
I have newly purchased a house which is 3.5 years old. I have a tenant, who has just recently occupied and now he refuses to pay the Advance or the rent. Now he is refusing to vacate the house also. Later-on I came to know that the neighbors have envy on my property and they are supporting my tenant. What legal action I can take on the tenant. Moreover, in the future, if some other tenants occupies my property and again if it turns into the same condition, what should I need to do to avoid this circumstances. As I am out of station, I am staying at different location. Please suggest.
#23 RAVISH | August 17, 2010
HI, Can i make house rent agreement for 24 months . or is it compulsory to make agreement for 11months . pls suggest.as well as i have rent my property to tenant's on Lease and License Agreement for 11 months and again i renew it for 11 months and now expiry date is on august 12 2010. Now He has been overstaying and now refuses to vacate flat telling i wall vacate after 2 months what to do in this scenario . .
#24 SOURABH | August 18, 2010
Hi, my father has given house on rent without any agreement 8 years back. Now my father wants to shift to that house so we told the tenant to vacate the house but he refuse and also stop paying the rent. Please help.
#25 JAY | August 19, 2010
My tenant's Lease and License Agreement system expired on August 2004. He has been overstaying. The agreement was not renewed. He now refuses to vacate the flat. What legal action can be taken?
#26 VIKRAM | August 24, 2010
My father is doing business in rented shop since from 40 years my landlord has destroyed the upper floar of the shop and does not removing the waste from the roof the roof is also leaking in monsoon what should i do pls give proper guidance
#27 B SRIVATHSAN | August 27, 2010
Really it nice and interesting subjects
with warm regards
#28 AZADALI MOHMMAD | August 27, 2010
i am staying for last 28 years in chawl,which is name of uncle.but i am paying the rent to the land lord.i have every proop.can i get the right in my room.. can u help me.
my cell no. is 9833208052
#29 SRIDHAR M | August 30, 2010
My father rented the house to a family and they are in the house for more than 10 yrs. Now they dont pay rent and they refuse to vacate. Will it be good if we can sue them. How long will it take for the case to get over?
#30 NARENDER | September 29, 2010
hey this is narender
i have a problem with my shop.since 15 years i am running a shop.The shop room is rented.I pay room rent every month.at sudden the landlord of the room in which i am running my shop ask me to leave the room and ask me to run my shop some where.and i don't want to leave that place.so,how can i solve my problem. shall i case in court will it work out for me...
#31 AFZAL PANHALKAR | October 02, 2010
Please guide me through. We have been staying at this house in Pune, Maharashtra, for the past 40 years. We have been paying monthly rentals to the owner who has himself leased this property from the main owner for a lease agreement of 100 years. So it has been now 40 years of his lease agreement. Now for sometime we have this builder who often comes and visits our place and he is telling that this area has been declared as a slum by government of Maharashtra and he has permission to build it from the main owner. He is asking us to move and he will give us a property accordingly but to be fair, we do not trust him as he does not have a good record and talks as if he is threatening us. Now, sir, please tell me if this area has been declared as a slum then why have we been giving rent for the past 40 years and also had given "pagdi" when we came here. Whenever we tried to build this place, our so called owner, to whom we are paying the rent did not give us permission to build anything on this land so we were staying for these many years in this place with only 5 feet concrete walls and have lived through many devastating conditions.
I do not understand sir now where this builder has come from and what authority does the government give him to build this property as he says that it has been sold to him by the owner of the land. I wanted to know that when we have stayed here for so many years why can't we build it for ourselves. How can the owner sell this property to someone if he has already given it on lease to someone for 100 years and 60 years are still remaining. If this area has been declared as a slum, then what are our rights.
I just want to know sir that what can we do in this scenario as we are being threatened by this person again and again to sign on some documents. We do not understand what to do and where to go. Please guide us through and let us know our legal rights. I mean to say that if an area has been declared as a slum then what are the rights of those staying for such a long time. If this builder is such a well wisher and wants to build this place, then why not we for ourselves.
We will be very thankful to you if you tell us what to do in this case and where to go.
#32 ARCHANA | October 06, 2010
Hi..We are staying in a rented house since 5 months. We have the rental agreement for 11 Months in place. Our rent to be paid per month is 8000k/- p.m and now we have the major water problem, drainage water is entering the usage water and we complained this to our owner, she says that she cannot get this done and if we cannot adjust we can leave. But just for 5 months stay we don't feel worth loosing 8000/- which she will deduct from the deposit. Kindly help me how we can deal with it and how we can get the water problem solved.
#33 HRISHIKESH | January 05, 2011
We are citizen residing in Pune, Maharashtra, India, in our Forefather's Property Building since 1979. Years ago we had rented 1 of the flat to a tenor in the year 1980. He resided here till 2004 & there after he shifted to his own 3BHK flat. But he didn't gave the whole possession to us & kept his some unused things in the flat.He neither paid the rent neither the maintenance after year 2000 till date. The Electricity Meter was taken off by the MSEB Dept. As we need this flat for our personal residence due to our growing family we are residing here from last 2years now. Now the tenor wants to come & reside here again. I request you to pls kindly suggest what we can do in this case.
#34 TABREZAS | February 16, 2011
HI my dad has auto mobile shop in mumbai from last 25 yrs he his working in the same place and paying the proper property tax to the goverment.Just i wnt to know what are the rights we have on that shop.
We also have electicity bill wiht my dad name.
#35 TENANT | March 28, 2011
I am in chandigarh staying alone in a rented house since 1.8 years. My house was not newly painted during my stay.. My house owner has said upfront that you are not going to get the entire deposit amount back and she will deduct the cleaning and painting charges - although i get my house cleaned every day. Also Tenants are not liable to bear the painting costs...Can anyone suggest me where do i complain if she does not return me my entire deposit amount ... I am flying back to my hometown on the last day when i am leaving this place. How do i take proactive measures such that she does not trouble me on that day?
#36 BANGRA | May 03, 2011
U seem to be determined to get more rights to landlords only, but need to be fair and just, today landlord in india are difficult and play havocs, so their need to be system to protect the tenant too.
We have leased and licensed apartment in mangalore for a period of 11 months and all points cover the landlord without any coverage to the tenant, the apartment was furnished where sofa is of poor quality rexin/leather, the skin started peeling due to heat or touch of human hands, so is the tenant responsible for poor quality, the towel holder broke and fell on the basin below and cracked the basin, is the tenant responsible for such incidents, is the tenant to pay for such damages, here is the landlord demanding additonal 25, 000 rs apart from 25 000 penalized for not staying for the full lease period of 11 months, whereas the land lord notifid 3 months in advance but refuses as the clause is you need to pay and when we had intial spoken verbally they said we can have amicable settlement if situation rises but they refuse to consider, plus all damages claimed by the owner is not deliberately or carelessly done as such, the paint has not been spoilt but owner claims, what can be done, he is not paying back the deposit stating he will deduct about 25,000 for this damages and another 25,000 for not completing the leasing period so 50,000 total loss, the owners take the tenants for a ride, so we need to have proper structure where their is some kind of justice for both parties, either pre inspection from independant bodies licensed by government for settlement of such disputes, they have to be like notary authorized to mediate and come to just and fair way of dealing but seldom this happens in this country who are all trying to fleece each other and suppress each others rights.
#37 NITIN GARG | August 24, 2011
my father purchased a land in 1989 at Delhi.In this land 50% amount given by his brother and GPA register on the name of his brother. that time my father construct half part of land. And maintained another half part from the purchase. nothing his brother comes for maintainance And not give any money for it. Today, my father's brother sale the half part. Please tell me, can i give stay on this.
What's according to law, ownership of land will be tranfered on my father name because he live from last 22 years.
#38 SOM NATH | October 01, 2011
I am tenant for an industrial shed, half built by the landlord while letting out to me in 1972 and later on half was covered by me after another fresh agreement with increase in the then rent
The actual land lord expired and distributed this property to his middle son and his family members which were intimated during one court proceedings between me and them for non-payment of rent and seeking eviction.
Being the first default, I was allowed possession, next the present landlord asked his son to fix exhaust fans in a common wall and started throwing all his PVC process dust to my factory portion ultimately forcing me to stop working, got few of my machines removed forcibly from my rear wall and through his own side main gate, I lodged an FIR , but this too was managed by him with resources
Another cases were filled by the family now since actual owner(Son) also expired, one case again for not payment of rent which he used to either refuse or show the premises locked and some how or the other he managed to get eviction orders in the lower court
I challenged in the HC where also he has moved an application for damage charges @ Rs 1 lac/month where as my as per law rent is Rs 2000/month and the date is fixed for final in the month of Dec/11
In another case where he has said that the place is required for his personal use by one of his family member's wife and the third case he has filed is that this particular building where I work is not fit for any human working and any thing may happen at anytime so eviction should be ordered by the court so that building can be built a fresh and the dates for this case are fixed for 3.10.11 for argument and final later within 10 days next
Can I seek advice on the above what should be my action, should I continue fight or surrender means even in High and lower court should I take my case back and request eviction and after giving this request will the application filled by them for damage charges will also be finished or still then can claim
Sorry for this long write up
Regards and request for any advice today or tomorrow ie before 3rd of oct11
#39 ROSEMANI | October 08, 2011
Hai Iam rosemani I want to know that my friends family is leaving in the house for 16 years. The landlord has given the land for 70,000. In the year 1995, he don't sign any agreement and he told them to make a house in that land, and stay, an I gonna make a sale deed an give you very soon. He didn't gave any sale deed till now. But now he is telling them to leave the house, plz tell me what shall they do. And also he is send the letter writting that they have not paid the rent for 6 months. And leave the house with in 15 days. Plz help me, to sort out my friend's problem. It will be very helpfull to my friend. Thank u
#40 SATHIYAN | November 01, 2011
I am doing a cement business and my landlord is saying to vacate a shop. And we are staying still 27 years.and i have started my business around 1985 and landlord has given me agreement and its expired. And i have current bill,salex tax, phone bill, and shop rent slip. We are not willing vacate a cement shop bcoz we have credit to client so what can i do?
#41 SURJIT SINGH | December 02, 2011
i do x-ray and labortary clinic before 30 year . my property on rent . legally no any document for lease or rent agreement have landlord . property landlord my uncle he is permanent citizen USA .this site shop com resident .electric bill ,telephone bill and other in my name . now my uncle say to me for vacate .what i can do ?
#42 RAJPAL SINGH | April 15, 2012
my dad is being running a shop , which is being there from the past 40 years on a rent and now the land-lord at a time is telling to leave that shop within 15 days of time period . So, please suggest me on that part and also the clauses for the same and what would the further steps to be taken for the shop to be holded by us only.please suggest the same on urgent basis so that i could take some legal steps against that person - land-lord.
#43 VIMAL KAPADIA | May 10, 2012
i am owner of shop in ahmedabad ihave given it on rent @ Rs 2750/-Pm ,now iwant to evicate,shop our agremment term has already expired but tanent refuse to evicate but ready to continue term again for 1 year,without increasing rent which is 4000/-Pm at present,tanent told me that he is ready to fight leageally,tanent pay me regurally ,but not ready to evicate, another Part is that i have already taken Morgage Loan on Said Property ,so Bank is in fact owner of said Shop, now what role can Bank Play to evicate said Premises, & what action should i take..Help Me ..such a issue has in Fact Changed My Whole Way of thinking i.e Pls do not give your Valubles Proprerty for rent for sake of 5000 Pm month (loosein 20 lac)..regards
#44 BALSHMA | May 21, 2012
BRIEF HISTORY OF OUR LANDLORD SIR SOBHA SINGH & SONS
Sardar Bahadur Sir Sobha Singh, OBE (1890â€“1978) was a civil contractor and a prominent builder of Lutyens' Delhi and real estate owner of Delhi. He is father of famous Indian writer Khushwant Singh. He constructed many residential and commercial buildings, including the Connaught Place market complex, as well as the Chelmsford, A.I.F.A.C.'s Hall, Broadcasting House (All India Radio), The National Museum, Dyal Singh College, T.B.Hospital, Modern School, Deaf and Dumb School, St. Columba's School, Red Cross Buildings and Baroda House. Outside Delhi, he built the High Court and Government Medical College at Nagpur and the Pasteur Institute at Kasauli.
He also built SUJAN SINGH PARK, near Khan Market New Delhi, New Delhi's first apartment complex, which only had bungalows till then, in 1945, named after his father Sujan Singh.
ïƒ˜ Landlord: Sir Sobha Singh & Sons, Owners and Landlords of the Estate known as Sujan Singh Park, New Delhi-110003.
ïƒ˜ The said premise was let out on September, 1949 to our grandfather. Our landlord took a sum of money for transfer of tenancy in our grandfatherâ€˜s name as it was the practice of PAGDI SYSTEM prevalent that time when it was under the control of Sir Sobha Singh who was the owner of the land in 1949. But Sir Sobha Singh never gave any receipt for this Pagdi to any of the tenant but only gave rent receipt in tenantâ€™s name as proof of tenancy. Since that time till now that system is still prevalent and permanently adopted by erstwhile landlord that not to give any receipt for money received in form of pagadi or transfer of tenancy.
ïƒ˜ We think that our fate is sealed now because after more than six decade of tenancy our landlord has now started creating fear in our mind. For the last two months our landlord has adopted strategy of accepting monthly rental from tenant of Sujan Singh Park by putting certain conditions. If this condition is not fulfilled he is not accepting monthly rental from tenant and he is also sending legal notice to old tenants terminating the tenancy and changing tenancy into month to month without giving any reason. By sending legal notice he is creating fear in other tenants who by mere name of legal notice have started living under the panic because for people of low stratum of society like us litigation is quite expensive and time consuming process.
ïƒ˜ We as tenant always followed our duties by paying rent timely and avoided waste of the property. We are not defaulter of rent and paid our rent on monthly basis after receiving monthly rental bill from our landlordâ€™s manger/agent. The entire rent is fully paid update and there are neither arrear nor there was any written or oral notice of demand.
â€¢ Whether our landlord is legally bound to transfer the rent receipt in my fatherâ€™s name / or my name.
â€¢ What action should we to take against our landlord when our landlord is neither accepting monthly rental from us and nor sending monthly rental bill to us.
â€¢ There was not any tenancy agreement with our grandfather and landlord. Now after 63 years can he terminates our tenancy at any time and change term of tenancy into month to month.
â€¢ Can he increased the rent after terminating our tenancy and changing it to month to month.
â€¢ Is there any law in which registration of tenancy agreements is compulsory by landlord? In absence of written contract of tenancy agreement and under which section of transfer of property act or any registration Act, we should go to the court for making written and registered tenancy agreements with our landlord and which tenancy agreement will be best suitable in our case.
â€¢ What is the difference between the fix rent and standard rent?
â€¢ Under what circumstances can we file harassment case against our landlord? And what is the procedure of filing harassment case against landlord?
â€¢ In what circumstances can our landlord terminate our tenancy in absence of any written contract of tenancy agreement?
â€¢ Can we send legal notice in advance to our landlord that in absence any lease agreement he cannot terminate our tenancy and change tenancy into month to month.
#45 BHARAT | August 18, 2012
My mother in law is having 2 daughters and one house.There is one tenant who is living since 30 yrs past.He is giving trouble,not paying rent (only 2000/- in stead of mkt rent 5000/-) since two yrs and not cooperating. We want to evict him. Kindly suggest the measures.
#46 NITIN JOSHI | May 30, 2013
Hi my nana was working with st xaviers thrust and after thwt my mom since 1972 she got retired in jan 2013 now the trust wants to vacate the place .more than 40 years have become without any agreement nor rent it was under mutual consent that u come near by to the working place and stay .they left the place which they had purchased and came to stay nerby now the prices have gone high terefore they want us to vacate how can we do that? Require guidance
#47 JITEN | October 05, 2013
please help me i want my chawl back from rented person
they are not good in nature....
please i want my chawl back...
i am living in ahmedabad....india..
please make some rules for them also....
we also suffering from money problem.....
why shoul i give my houses to them....
it's government duty to give houses them not mine....
#48 PRADEEP | April 25, 2014
I am staying in a 2BHK house for last 4 months in Bangalore, I have a agreement of 11 months but due to water problems and some other reason I want to leave this house before 11 months, there is nothing mentioned in agreement about notice duration if I want to leave the house. what should I do in this case? and even chances are the house owner might not agree if I say Iw ant to leave before 11 months. What can be the available options for me?
#49 VIKAS | June 21, 2014
we have been living in the land/building for more than 50 years..however,the property has not been registered yet..so in this regard could you please guide us for possible steps to work out for registration?
#50 SWAT | October 31, 2014
After staying for more than 25 years at a land in a self built house, can a tenant register the land in his name,actually my father died and my granmother maternal given home to my mother but not register till yet we made 1st floor home over there in urban area but now after more than 25 years my maternal uncle sue a case of his property and stop our 2nd floor rooms works by submitted home stay form in court what action will take by him and pl suggest what should we do now to make it as our home or transfer to our name,if not what possibilty to our end taht if we will tell to our uncle to pay us till yet whole expense over home ,suggest
#51 CHANDRA MANI SINGH | November 22, 2014
sir, i want to know that what all points should a tenant bear in his/her mind while taking a room on rent .
#52 KIRAN | December 31, 2015
sir, My mother transerred the house on my name, but the land owner of the house is different and he died and nobody is coming to claim the land for 20 yrs. Can i get the land transferred on my name?
#53 SUSHIL SHARMA | June 09, 2016
Hi, we have the tenants residing at our place since 20 years..without agreement and now they refuse to vacate the said place. How can we make them to vacate the said place through legal process. The said place is in chattisgarh.Please advice
#54 ANKUSH | September 11, 2016
Sir, I have house in my native place.. Dist.Kolhapur, 25year back Government allot land on name of uncle that time my uncle don't have money and they told my father to pay land price and Build your house.. Otherwise allot land will cancel.. My father agree and Build house and lightbill also taken on our name.. But present situation uncle asked and raise voice and ask father to return home.. Pls suggest if my father pay all money and light bill also on our name and leaving last 20years in house.. Can we take house ownership on our name? Can we fight and take house ownership on our name as we are leaving last 20years and last 20years paying light bill also which is my father name..
#55 RAJESH P SHAH | October 17, 2016
Hello I am staying in Chennai My dad and his 2 Brothers brought a property of 10 Grounds in a suburb from 3 different owners and registered them separately to their name 2 properties on back side and 1 property is on front side through which we have an access road.
The access road uncle is passed away now the access road has to registered for which do we have to settle my cousin by cash or is is right of access and he has to register it freely as there is no way that we can go out.
#56 NAICK | October 27, 2016
Though the article appears to have been published some 6 years back, it is still one of the best in similar
Now. In the case of suggestion of a period not exceeding 11 months for the agreement of LEAVE AND LICENCE,there
is a situation practically felt by the Landlords. To ensure that the existing tenant will continue with the occupation resulting in continuity of receipt of rent
without the hassels of identifying another Licencee
after payment of another months Brokerage and loss of Rent for the intermediary time, the land lord wants
the next agreement to be executed at least
say 3 months(The agreed notice period in the agreement)
ahead of the expiry of the existing agreement.Such
agreement in separate documentation will show the date of execution well with in the date of validity of the
agreement, but will also state that the effective date of the (NEW) agreement to start from a date after expiry of the current agreement by say few days or even one month, to show a break in the continuity!
Now whether it tantamounts to the validity of the new agreement from date of execution till the expiry date
of the new agreement, to be more than 12 months, attracting the local RENT CONTROL LAWS?
Example Existing agreement executed 21-3-2016
Effective dates from 1-4-2016 to 28-2 -2017. with built in 3 month notice period on either side to vaccate for no cause.
For next period the Tenant approaches/landlord decides to "extend" by another agreement if executed in 30th Nov 2016 effective dates from 1.4.2017 to 28-2 2018 !
Will it be treated as over 12 months/or precisely 16 months?
A clarification will be of great help. as non of the 55 comments has this issue specified.
#57 LALRINAWMA | November 14, 2016
We bought an auction house on the year 2000 but on this year the old owner, which is the one who try to sell his house to other before auction came back with powerful friends. The this is we buy this house from Zidco, when the old director was still on work they never came, but since the old director pension and new director came, they are trying different method, the thing is that the old owners and the Zidco were suppose to meet in court, but the new director hide or move all our files from their Zidco office and told us that we have to face the old owner on our own since we dont even have any files about their old payment and the selling house about, help me they are usingany lies to win. How will i act, what will i do
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