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Hemant   08 August 2015

Letting out a flat without l&l agreement

I & my wife own a fully furnished residential flat in a co-operative society in Mumbai. My flat purchase agreement is properly registered and the electricity connection is also in our joint name. We gave it to a family on rent 28 months ago.

As they seemed to be trustworthy, we decided to go ahead without having any written Leave & License agreement. They also were ready to pay the rent in cash. So at that stage we thought it is good us – no hassle of agreement registration as well as receiving rent in cash was a good thing for us. The only thing through bank transaction is the deposit money Rs. 90,000 that they have paid vide cheque favouring me given 28 months ago. In short the let out was without anything in writing and based on mutual understanding that from either side we can inform other party to terminate this arrangement (i.e. letting out) with 2 months notice. They have been very regular in paying monthly rent in cash – for which also they never asked for any cash receipt from us anytime in the past.

About 4 months ago, we verbally informed them that we now need to terminate this letting out & that within 2 months they need to vacate. They said ok but towards the closure of 2 months said they couldn’t find any other suitable accomodation and hence requested to extend their stay for some more time. They did that for 2 more months and have been paying rent on time as earlier but are very very reluctant to move out.

I’m now afraid that they just don’t want to vacate and want to continue for much longer period with or without paying rent. Please let me know how can I force them to vacate.

Thanks in advance.



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 August 2015

First you get written agreement for extended time and after that issue legal notice to vacate the house

manish agarwal   08 August 2015

Dear All,

Please help me urgently.

I give my 2 BHK flat on rent on 20th Feb 2015 to a family in navi mumbai with 11 months written notrized agrement. and with deposit receipts as well. at start everything was fine now one after another they are making an issue for me like this is not good in your flat that is not good so after facing all such thing when i told them to vacent my flat they are denying and saying we are not going to vacent it.

please tell me what actions i can take & whether legaly i am correct and have rights or not as the agrement was only notrized not registered.

please help me

Regards,

Manish Agarwal


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