Tenant - lease period
mukund reddy
(Querist) 20 August 2011
This query is : Resolved
I have let out my flat to a tenant and had rental agreement signed for 11 months. Agreement expired on 30 June 2011. In july 2011 they informed that they wanted to vacate. I agreed. Now there is no agreement in ACTIVE. They have agreed to vocate before October 2011.
Kindly suggest me:
1) Do I need to renew the lease agreement until they leave.. i.e. till october 2011?
OR
2) Can I get Agreement release document signed stating the tenant agree to leave the house before October 2011?
because the agreement is elapsed. I dont know whether they will keep their words. For two months they have not been paying rent as they want me to take it from the Advance.
Thanks in Advance
Advocate Rajkumarlaxman
(Expert) 20 August 2011
get Agreement release document signed stating the tenant agree to leave the house before October 2011
Advocate. Arunagiri
(Expert) 20 August 2011
You can get a letter of undertaking from the tenant seeking for time to vacate and adjustment of rent in advance.
No need to enter fresh agreement.
Kiran Kumar
(Expert) 20 August 2011
the presumption will continue against you that you accepted the continuance of the rent agreement.
so better would be get into some documentation in order to avoid legal complications.
in case, the house is not vacated in October, then go for appropriate litigation for recovery of possession...
Devajyoti Barman
(Expert) 20 August 2011
If the tenant agrees to vacate the property on the schedules date which appears to be only few months away then you need not execute any agreement. Without any agreement his status would be that of a tenant of common and there is no legal hindrance to evict him in the even the refuses to vacate the property after the scheduled date.
ajay sethi
(Expert) 20 August 2011
you have stated following facts
a) leave and licence agreement expired and you apprehend they may not keep their word
b)for 2 month they have not been paying rent .
it is advisable to get the agreement renewed till oCtober 2011 .
prabhakar singh
(Expert) 21 August 2011
1)YOU Do need to renew the lease agreement until they leave.. i.e. till october 2011.i vote for Expert : ajay sethi .a better aproch is this against others
mukund reddy
(Querist) 21 August 2011
Thank you all Experts for your valuable suggestions.
H. S. Thukral
(Expert) 22 August 2011
No need to go for another agreement. After the expiry of earlier lease, it has become a lease from month to month and you have a right to get the tenant evicted by giving 15 days notice as per provisions of TP Act.
If you follow any of the advice given by my Ld. friends here, it will not give you any additional advantage over the present state of HAVING NO AGREEMENT.
