Arindam Chatterjee 01 September 2018

Tenant without latest rent agreement and paying rent in cash

Hi,

We have a tenant who is there in the ground floor flat of our building for 7 years now. We did an initial agreement with him 7 years back but did not renew it further.

He has been paying rent in cash to us and there is no latest agreement.

We have requested him to vacate our premises but he is refusing to do so - however he is paying rent in cash on time.

Will it be difficult for us to make him vacate the property ?

Please let me know.

Arindam

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 01 September 2018

Dear querist,

If you don’t have any agreement for tenancy and receiving rent as cash it will be very difficult for you to prove him tenet in court if any issue arises.

After 12 years he may claim adverse possession as you dnt have any agreement of tenancy and still he is in possession of your property.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Arindam Chatterjee 01 September 2018

Sir ,

Thanks.

What should be the next steps for me to take in this regard at the earliest legally ?

Arindam Chatterjee 01 September 2018

Sir,

Also , we had a tenancy agreement 7 years back which was later not renewed. In this scenario , will it be difficult for us to prove him as a tenant ?

Rather , should we not be able to prove him as unlawfully occupying our premises ?

Kishor Mehta (CEO) 02 September 2018

Each State has its own Rent Act, the ruling Rent Act of your State will apply. It will not be prudent to offer advice without first knowing the State of your residence.