Leave & Licence
Rufiana
(Querist) 15 June 2010
This query is : Resolved
I have a flat in Mira Road given on leave on licence. The Agreement expires on 10th July 2010, however, the tenant has been problematic with the payment of rents, and has not paid for the past 4 months. Upon reminding him about the expiry of Agreement on 10th July 2010 and to vacate the flat on or before that date, he says that as per Govt. Law, a tenant can stay a month more even after the expiry of Agreement period (something like grace period). Please advise.
Also, please advise what safety measures can be taken by me, in case the tenant refuses to vacate the flat. Thks
Guest
(Expert) 15 June 2010
On default of Rent, you have got the right to cancel the lease. Immediately send a legal notice to him to vacate the premises and hand over possession, failing which you shall initiate legal action to evict him.
There is no grace period other than the agreed period of tenancy.
Devajyoti Barman
(Expert) 15 June 2010
The agreement is of lease/tenancy or license? Please consider one thing that there is hell and heaven difference between the licensee and tenant. After the expiry of the license period you can simply file a suit for eviction of the licensee and the licensee has got no defence. Non payment of licensee fee is no ground. The tenant however can be evicted only on those grounds which are provided in the concerned Rent Act, non paument of rent is one of such grounds.
Surrender K Singal
(Expert) 16 June 2010
What would be the case / ground for a permissive occupant (being an unwanted licencee) for his eviction ?
Uma parameswaran
(Expert) 18 June 2010
License is not creating any interest over the property.
