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Tenant not ready to sign agreement or vacate property
06-Feb-2023 (In Landlord/Tenant Law)
My tenant is in my house on rent for last 12 months, initially when we asked him for documents to prepare agreement he kept giving various reasons and delaying process.We prepared rent agreement couple of months back, however he continues to give reasons and somehow not signing it. Can we ask him to vacate property immediately? How can we make him sign agreement? Please advise.
Hello
the first question required to be considered is this whether is there any kind of agreement between you and tenant in respect of tenancy/lease/leave and license. If there is a no document, then you can treat him as gratituous licensee. The difference in eye of law is this the tenant or licensee under deed of leave and license pay money to the landlord by way of rent or premium respectively, as per the case. But the gratitious licensee occupy the premises without any consideration but because of Mercy of the landlord or because of good relationship between them. Therefore you can terminate such gratituous license as per provisions of easement act and can file the suit for eviction. Therefore no need for you to follow your tenant asking him to sign any kind of document. Please take note that there should not be any evidence of rent receipt or payment of premium in the hand of tenant
the first question required to be considered is this whether is there any kind of agreement between you and tenant in respect of tenancy/lease/leave and license. If there is a no document, then you can treat him as gratituous licensee. The difference in eye of law is this the tenant or licensee under deed of leave and license pay money to the landlord by way of rent or premium respectively, as per the case. But the gratitious licensee occupy the premises without any consideration but because of Mercy of the landlord or because of good relationship between them. Therefore you can terminate such gratituous license as per provisions of easement act and can file the suit for eviction. Therefore no need for you to follow your tenant asking him to sign any kind of document. Please take note that there should not be any evidence of rent receipt or payment of premium in the hand of tenant
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Adv. Ajay Ashok Joshi
Pune | 25+ Answers
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