• Tenant lived for 1 year without a lease agreement

Hello,

My tenant lived for 1 year without a lease agreement. He is a very close friend of mine. Later year we wanted to make it legal and we did the rental agreement but that was a notarized agreement and not registered agreement.
We did not do any police verification as he knew him from childhood.
The other main reason we could not do required formalities is because I am out of country for last 4 years. I have given him on rent from last 2 years. He got a new job and needed an apartment to live urgently. So to help him I allowed him to stay in my apartment.
Last year my wife went to India and she did a notarized rental agreement with my friend.

By mistake my friend has communicated in Police station that he has been living in house for 2 years and for 1 year he does not have rental agreement. He did that for his passport renewal.

Is this a big issue or criminal offense for me for not having a police verification and registered agreement for my friend?

Thanks and Regards,
Vijay
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

even if rental agreement is notarised it would be valid

2) in some states like Maharashtra it is mandatory to register leave and licence agreement

3) it is not big issue that he has stayed in apartment for period of 2 years . he was close family friend and you obliged him by giving him your premises to stay and did not charge him rentals . hence no rental agremeent was entered into

4) police verification of tenants is necessary .

Ajay Sethi
Advocate, Mumbai
98278 Answers
7986 Consultations

1. Rent agreements, the duration of which is less than 12 months, are not registered.

2. Your friend has not stated a lie. It is a fact that for one year he lived without a rental agreement. Be that as it may, the legal consequences,if any are to stem from his declaration made to the police, would be for him alone to bear.

Ashish Davessar
Advocate, Jaipur
30830 Answers
975 Consultations

The police verification is not mandatory on all the cases.

It has been made as a rule to inform the police for verifying the details of the tenant to weed out terrorist activities, but since your tenant is known to you for long, it may not be necessary.

However the present situation is not a cause of concern.

You may not worry about it, it is ignorable.

T Kalaiselvan
Advocate, Vellore
88472 Answers
2397 Consultations

1. It is not at all an issue for you for not getting police verification for letting out your property to your friend since you know him for a long time as a friend and also you were stationed out of the Country.

2. It is not at all a criminal offence and no body is going to question you for your not getting police verification about your friend before letting out your property to him.

3. Relax.

Krishna Kishore Ganguly
Advocate, Kolkata
27570 Answers
726 Consultations

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