How to retain possession of property after expiry of rent agreement
21-Jan-2023 (In Landlord/Tenant Law)
Need legal Advice. I have rented a small shop in 2007 and the tenant kept astrology shop. Shop rented by my father and he is no more after his demise I did a new agreement and changing agreement every 11 months but he did not return the original agreement which my father made. He said I lost the agreement and he himself written the same in new agreement. My question is if he continue for some more years will he can create any litigation or he can refuse to vacant the shop. How I can take legal help to avoid all this litigation and make sure that I have full proof to take him legally??
The original agreement would have a clause pertaining to the time period. Usually rental agreements are for one year and even in 2007 that used to be the trend. So it is likely that the agreement may have lapsed in which case he cannot insist on that agreement itself. Why do you want it back? Do you not have a copy? It is better to have an annual agreement renewed annually. As it is not clear what the time period clause in the original agreement was, it is not possible to say whether you can ask him to vacate or not. Eg. the lease agreement could have been for 10 years or more even. So better to first get a copy of the rental agreement to understand if it still is valid or not.
Get the Death certificate of your father and get Fresh rent agreement from tenant by mentioning the Death of your father and that is the reason you have rented tenant in your name and the period shall not exceed 11month's for Every 11months insert clause if landlord willing can renew agreement
So that the tenant cannot have any claim over title in future
Collect all original agreement every year before renewal
Regards from
Ravindra
So that the tenant cannot have any claim over title in future
Collect all original agreement every year before renewal
Regards from
Ravindra
To be frank many land owners are facing trouble. It is a commercial space rented for 11 months. Better if you enter registered rent agreement to safe guard your your interest in the property. Accept cheques towards the monthly rent. Approach any advocate for proper advise. Best of luck.
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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