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What is the procedure to renew the rent agreement if owner is in USA
05-Jan-2023 (In Labour & Service Law)
My parents are senior citizens and have been living with me in USA for last 3 years. They own an appartment in Delhi which they have leased out. They have not been managing the tenant properly and I am trying to help. I have a couple of questions to understand what we are dealing with. 1) The second year lease document expired in June 2016 and have since then neither the tenant nor my parents renewed it. Tenant has been living there and making timely rent payments. What should be our next steps? Renew the lease backdated (If that is even possible) or renew it from now on. 2) Who is most impacted with an expired lease, landlord or the tenant? 3) Is there any risk of the tenant refusing to vacate or claim ownership? He has been living there since 2014? 4) With all the scare stories about tenants refusing to vacate and claiming ownership if they stay long enough, how long should we let a tenant stay ? Thanks in advance!
Please take note of following -
1. There are various people out there in India who continue to live in their rented house despite the lease deed getting expired on the basis of mutual consent and that's actually not a big deal. However you should get the lease deed renewed. If the lease deeds are renewed then the registration will be done on such date when it has been prepared while you may mention the time period of lease deed period from July 2016 as well. In that case you have to take reference of the old lease deed specifically stating in the new lease deed that this deed is in continuation with the old lease deed.
2. Both parties are at their loss in absence of expired lease deed. While the tenant lose the right to live there on paper while the landlord may be questioned for not renewing the lease deed by the government authorities. However, this do not happens in normal situation unless some crime has been done by the tenant.
3. Technically he can't claim to stay there. With the expired lease deed he has lost the right to live there.
4. It takes 12 years for a tenant to come into a shoes wherein he can claim ownership over the property. You have plenty of time at your hand. You can also send him a "vacate notice" by appointing any lawyer over here in India by giving him power of attorney in relation to that property. His rights will be restricted to such words which has been mentioned in the power of attorney and not more than that.
It is also important to draft the power of attorney very carefully so that you may manage the property with the help of that lawyer or representative. Otherwise giving a power of attorney with wrong wordings is far more dangerous than allowing a tenant to live in a house with expired lease.
1. There are various people out there in India who continue to live in their rented house despite the lease deed getting expired on the basis of mutual consent and that's actually not a big deal. However you should get the lease deed renewed. If the lease deeds are renewed then the registration will be done on such date when it has been prepared while you may mention the time period of lease deed period from July 2016 as well. In that case you have to take reference of the old lease deed specifically stating in the new lease deed that this deed is in continuation with the old lease deed.
2. Both parties are at their loss in absence of expired lease deed. While the tenant lose the right to live there on paper while the landlord may be questioned for not renewing the lease deed by the government authorities. However, this do not happens in normal situation unless some crime has been done by the tenant.
3. Technically he can't claim to stay there. With the expired lease deed he has lost the right to live there.
4. It takes 12 years for a tenant to come into a shoes wherein he can claim ownership over the property. You have plenty of time at your hand. You can also send him a "vacate notice" by appointing any lawyer over here in India by giving him power of attorney in relation to that property. His rights will be restricted to such words which has been mentioned in the power of attorney and not more than that.
It is also important to draft the power of attorney very carefully so that you may manage the property with the help of that lawyer or representative. Otherwise giving a power of attorney with wrong wordings is far more dangerous than allowing a tenant to live in a house with expired lease.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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Hello
You have one option to renewed the rent agreement. If you give/execute a general power of attorney or special power of attorney in flavour of someone on whom you trust in Delhi. This document can be executed from u.s.a it self. After then the person to whom you given the attorney will make rent agreement with your tenent .
Thanks and regards
You have one option to renewed the rent agreement. If you give/execute a general power of attorney or special power of attorney in flavour of someone on whom you trust in Delhi. This document can be executed from u.s.a it self. After then the person to whom you given the attorney will make rent agreement with your tenent .
Thanks and regards
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Adv. Anand Verdhan Maitreya
Delhi | 100+ Answers
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In response to your first query, your first step should be to get the agreement renewed and in response to your second query, both the parties are at a risk in absence of rent agreement. In response to your third query, as you have already stated that the tenant is paying the rent regularly, its better to get the contract renewed now for having legal protection from any dispute likely to arise in future. In response to your fourth query, if you have a legally valid and binding rent agreement which is duly registered then the tenant can neither refuse to vacate the premises nor claim ownership of the same.
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Adv. Ridhi Kackar
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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