Rent/Lease
Reshma K
(Querist) 01 December 2009
This query is : Resolved
Hi, I have received various answers for my querry regarding rent/lease.
I have one answerssaying that lease can come into existence without written agreement in which case it will deemed monthly tenancy. This seems correct.
My question based on the above point is - In that case, can we say that the only reason why people (landlords) go for written agreement is perhaps because, in case of dispute, it becomes easier to establish that the tenant came into posession through agreement of lease and that he was not in possession before that, ? is this a fair conclusion to make? Otherwise can we say a written agreement is not required as per our discussions on lease/rent.
niranjan
(Expert) 01 December 2009
I may be differing with the earlier replies.My interpretation of rent would be the consideration and interpretation for lease is connected to premises.Lease agreement also have conditions to use the property and if the tenant makes default in payment of rent or breaches condition of the deed,you can file suit for ejectment.
adv. rajeev ( rajoo )
(Expert) 02 December 2009
U r right.Always written agreement is safer than the unwritten. If there is no agreement some times it will be very difficult to prove the contentions in case of dispute.
H. S. Thukral
(Expert) 02 December 2009
A written agreement also favours a tenant because he is ensured of a peaceful possession during the term of lease.
Reshma K
(Querist) 02 December 2009
dear all, my thanks to all of you for responding to my queries and promptly. Thank you so much.
