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NARESH KUMAR (SR ACCTT)     07 February 2012

Validity of rent agreement

Sir I rented my house for Rs. 6000 in Delhi to A Govt Servant with registered agreement for 11 month. After expiry of agreement we renewed it for further 11 month in 2005. After 2006 I found that he is a trustworthy man and continued his tenancy even without any agreement. In the next few years every thing was fine. In 2009 when I ask him to vacate my house as I was in need of it he requested for one more year upto Mar’2011. After one more year in Jan’2011 when I reminded him for vacation of house he again requested for one more year. After seeing such  delay tactics I firmly told him to vacate the house  than he refused to vacate the house and told me to go to the court but continued to deposit the 10% hiked rent in my saving bank account.  Number of time we met and we had  hot abusive verbal argument . In feb’2011 I close my bank account and refuse to accept the rent. Initially he threatened to deposit the rent in the court and after some consolidation by property dealer he agreed to vacate the house in next 11 month and also agree to register the agreement.  Kindly advice

1.       How  it safe my interest.

2.       Can he refused to vacate the house after expiry of agreement.

3.       If so what will be the condition.

4.       I should go for agreement or continue to force him to vacate the house immediately.

What preventive step I must take now



Learning

 2 Replies

M.Sheik Mohammed Ali (advocate)     07 February 2012

you can made leave and licence agreement. that is better than rental agreement.

H. S. Thukral (Lawyer)     07 February 2012

whatever be the agreement, if the tenant does not vacate, you have to follow due process of law to eject him. So if you have doubts you insist on vacating it. If he does n't file asuit for possession. He will have to pay rent during the litigation.


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