Krishan Attre (Engineer) 07 June 2011

Eviction under Rent Control Act

I have a property in Faridabad, Haryana which I want to rent out. Property was built in 2002 and is in Authorized HUDA sector. Rental value should be 12000 per month approximately. I myself stay in Hyderabad.

My question is if I rent it out with registered lease agreement are there still chances of the tenent refusing to vacate as per Rent control act? Does the agreement safeguards the property against such actions. Since I stay in Hyderabad my fear is that if some tenent goes to court then I might not be able to prove bonafide necessity required by RCA. Does an agreement done using words "Lessee/Lessor" any better than "Tenent/Landlord"?

Looking for some guidance here.

Regards,

Krishan

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3 Replies

pervez (adviser) 07 June 2011

Dear, the words indicated by will not change the nature of the document / lease agreement. The problem of eviction will always be there in case of a private tenants, even if the lease is registered. Howvere, this could be minimised after following the prescribed local / state regulations and renting out the premises to a corporate entity..

regards

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Krishan Attre (Engineer) 09 June 2011

Does this mean that for eviction of tenent proving bonafide necessity is only way and "registered deed" also is not of much use except being a stronger evidence?

I am trying to see how to ensure less hassles for eviction in future case tenent refuses to leave. A court case is fine for eviction but what actions now can ensure speedy disposal and safeguard property for future. Not renting out is not an option as it will be difficult to maintain the property otherwise without anyone living there.