Leave and licence agreement
My agreement ends on 30th November but the person with whom I have done the agreement wants 10 days extension what should I do .should I ask for letter of extension for him or do a new agreement of 10 days with him please advise me
Asked in Property Law from Mumbai, Maharashtra
is your leave and licence agreement registered . ?
ask licencee to give letter in writing to that effect . obtain an undertaking from licencee that he shall vacate premises after period off 10 days .
fresh agreement for 10 days is not necessary
1. Has the leave and license agreement been registered? Registration of leave and license agreement is mandatory in Maharashtra.
2. If the agreement is expiring on 30th November then the licensee shall have no right to continue beyond 30th November except with your permission.
3. If you decide to allow him the extension then require him to give an undertaking in a letter that he shall vacate the premises after the extension period is over. No fresh agreement is necessary in this case.
4. If he does not vacate after 10 days you will have to file a suit for eviction to evict him.
1. The extension of 10 days does not mean extension of leave of license.
2. To quit and vacate the premises the licensee requires some buffer time and you can use the 10 days on that direction.
3. If you give 10 extra days then do get a ' letter of possession' written from him in advance.
1. Ask for a letter vfrom the licensee requesting you to allow him to stay for 10 more days after which he will surely vacate your premises,
2. No need for any extension of the agreement,
3. Hope you have registered the said leave & license agreement to make it applicable since it is mandatory to register leave & license agreement in Maharashtra.
A. You can extend the 10 days by taking undertaking letter request and also mention in the back side agreement by taking signature of the Licensee. It is sufficient procedure, so fresh agreement need not be about the same.
B. As you aware, Leave and License agreement registration is compulsory in Maharastra.
L&L is valid for 11 months maximum for one term. if he need extension then you have two options. 1 execute one month L&L and got registered. 2 take an undertaking that due to exceptional reason I need 10 more days to evict. if tenant is unable to find new house then land lord can't evict him. this is the law of natural justice and rule of convenience.
The request of 10 days extension be written specifically in the L&L and both parties countersign it, then it shall be binding on parties and no need again to enter in to a L&L by both of you for the 10 days period.