• Can anybody explain use of rental agreement for house owners

Can anybody explain benefits of rental agreement for house owners..?
Rental agreement is useful for house owners or tenants...?
What actions can house owner can take if tenant denied to vacate the house after rent agreement period is over?
pls ans all my question with all details....
Asked 4 years ago in Property Law
Religion: Hindu

12 answers received in 1 day.

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19 Answers

1) you must enter into registered leave and licence free ent with licence when you give your premises on rent for a period of 11 months or more

2) registered agreement protects your interests lays down clauses as to period of agreement , licence fees payable , security deposit to be paid , penal rent payable in case licence fails to vacate premises

3) flat owner can file suit for eviction if licencee fails to vacate premises

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Dear Querist

If there is a rent agreement between the landlord and telent and after the completion of agreement, the owner wants to evict the telent from the property and telent objects the same than the landlord may file a eviction suit and on first date of hearing after appearing of telent thr case can be decided in favour of the land lord. As under tenent can not deny the existence of rent agreement .

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1. Agreement in writing is nothing but the terms and conditions to which both parties verbally agreed upon.

2. So this is beneficial to both parties in the case if disagreement of initial terms on which basis terms were settled.

3. once advantage the landlord gets is to file suit for eviction once the terms of the tenancy expires while the tenants envoys security of tenancy till its expiry.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Any agreement is made to protect rights of the parties on an agreed terms and conditions and if signed in agreement by both the parties and registered after payment of requisite stamp fee can be enforced by any party in the court in case of breach.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir, the rent agreement in form of leave and license agreement helps both land lord and tenant as all the condition of tenancy like rent, time period, notice for termination of agreement and evicting tenant all such condition, responsibilities such as maintenance cost are written under the agreement. So when there is written agreement at time of any dispute it is a better proof of all terms and conditions.

It is useful for both landlord and tenant. And is responsibility of landlord before letting out premises to enter into agreement.

If the tenant is not vacating the premises a eviction suit has to be filed against the tenant.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. Rental agreements help the house owner to utilise his property to somebody else for rent;

2. The house owner gets his monthly share and the tenant gets home;

3. If the tenant refuses to vacate the house, you can issue a legal notice and later an eviction suit can be filed in the court;

4. To prevent any dispute with the tenant, add a clause in the rental agreement that the tenant will vacate the house after the rent period expires or the landlord will be heavily compensated.

5. Rest assured, you can consult a local lawyer and get the documentation prepared by him/her.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. EXECUTE proper stamp duty paid and registered L&L agreement with proper strategic clauses.

2. It will be a criminal offence to continue staying in the L&L house after the expiry of the L&L agreement, EXCEPT with the written consent of the Land-Lord. File police complaint for Trespass and Intimidation.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1) Rent agreement is for owner benefits and it should be registered with registrar in your local city address.

2) These are Legal Rights of Landlords

While we talk a lot about the rights of a tenant and how to safeguard them, there is other side of the transaction, too. A landlord. Under the rental laws in India, there are rights that safeguard the interests of a landlord, too.

The Rent Control Act is one important act passed by the Government of India in 1948, post which several states like Delhi, Maharashtra and Karnataka have undertaken modifications to the same. The act, however, seen as pro-tenant, also, talks about the protection of rights of landlords. Recently, various ammendments have taken place pertaining to new laws favouring landlords.

Whether a first-time landlord or a seasoned renter, here's what you should know about the basic rights of landlords:

Right to evict a tenant

With the Rent Control Act applicable only to a tenancy of over 12 months, things seemed tougher for landlords to evict tenants living in the property for years. The Draft Model Tenancy Act 2015, which has been in the news recently, aims to make things easier for landlords as well as tenants by addressing untimely eviction, repossession issues as well as mutually fixing and revising the rent. Laws now allow landlords the right to evict a tenant on the grounds of breach of rental agreement; subletting rented premises or a part of it without landlord's permission; default in payment of rent for specified period; misuse of the property; or conducting illegal activities in the rented premises. The landlord also has a right to evict a tenant if he or she requires the building for his or her own occupation.

To prevent tenants from overstaying, landlords can also add a clause of hike in rent in the agreement, if the tenant does not leave when the contract ends.

Right to temporary recovery of possession

A landlord is entitled to obtain possession of the property, in case there is a requirement for him to carry out repairs, alterations or additions to the building, which cannot be carried out without the building being vacated, after which the building will again be offered to the tenant. Or, if the rented accommodation has become unsafe for habitation and cannot be refurbished without being vacated, the landlord is entitled to get possession of the property.

Right to increase the rent

Regulations allow landlords to have an upper hand as far as the collection of rent is concerned. Owners of residential or commercial properties not only have a right to charge rent at market rates from their tenants for taking the premises but also to raise the rent periodically. The Draft Model Tenancy Act is instrumental in creating a balance by bringing the urban rented accommodations under the purview of the formal housing sector. The Act clearly specifies the period, inheritance, rents payable as well as the obligations of landlord and tenants. In India, the applicable rate of rent increase is around 10 per cent, every two years, for residential properties. But, mostly, there are laws governing this too. For instance, the landlords in Delhi can increase rent only as per Section 6 & 8A of Delhi Rent Control Act.

To be advised of necessary repairs

It is the duty and the right of the landlord to respond to the requests for repairs in a reasonable amount of time. Minor repairs of the property could be undertaken by the tenant. However, for all major repairs requiring reimbursement, prior permission needs to be taken from the landlord in writing. So, a landlord has the right to be informed about necessary repairs being made to his or her property. As per law, the landlord is under obligation to keep the property in good and tenantable form. But the rent control act provides the provision for both parties to share the financial burden of the repairs.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Can anybody explain benefits of rental agreement for house owners..?

Ans: It can be used by both tenant and landlord. It is required as per section 106 of TP Act.

2. Rental agreement is useful for house owners or tenants...?

Ans: It can be used by both for various purposes such as taking ration card, voter id even passport by the tenant. Whereas owner can use rent agreement to pay house tax, to get vacate the tenant by issuing legal notice and approaching the Court.

3. What actions can house owner can take if tenant denied to vacate the house after rent agreement period is over?

Ans: Just get issue a legal notice calling upon him to vacate the premises as you have terminated further tenancy. If he fail to vacate then you can go to Civil Court claiming arrears of rent as well as damages.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Rental agreement is must

2. It protects the owner

3. In case of dispute, the terms of agreement will apply

4. Tenant cannot take advantage

5. Many tenants refuse to vacate even after expiry of contract

6. Consequences for not vacating can be stated in contract

7. If terms are clearly recorded in writing, any party who breaches the terms will become liable for legal action

8. So get a contract drafted by a good competent lawyer and also have that agreement registered

9. A written agreement is beneficial for both parties

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Rental Control Laws. Rental control laws have been passed by each of the Indian state governments to prevent landlords from overcharging tenants and to protect tenants from sudden or unfair eviction. ... For a tenant with a 12 month lease, a rent rate at or below market value is guaranteed.

Landlords will usually ask for a security deposit of up to 3 months’ rent, which will then be fully refunded when the rental lease expires and the accommodation is left in good condition. The deposit is paid is usually paid once a lease agreement is signed. To protect against fraud and ensure return of the security deposit, the tenant should get the terms in writing and a receipt from the landlord.

If the tenant vacates a property early, the landlord should be given two to three months’ notice, or as stated in the rental agreement. Landlords will usually expect the tenant to either pay the remaining months of the lease or forego the security deposit.

A tenant can choose not to opt for a written rental agreement and be given the freedom to leave at any time, at the risk of losing the security deposit.

Rental agreements that are over 12 months have to abide by strict rent control laws that are mostly favorable to the tenants.The Rental control laws currently prevent the landlords from overcharging the tenants and protect the tenants from sudden or unfair eviction. Also, the right to ownership of the property gets transferred from the landlords to the tenants in case of a lease agreements, making it harder for the landlord to vacate a tenant. Hence, Landlords do not prefer to enter into rental agreements that are over 12 months.

The landlord can give an eviction notice and file an eviction suit against the tenant if he fails to vacate even after the expiration of the rental agreement.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

House owner can file an eviction petition in the court and will recover the rent from you.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Owner has to file eviction suit against tenant if tenant refuses to vacate the premises

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

1. Yes, you will have to file an eviction suit

2. You can also claim damages from the tenant for illegally locking up your house

3. You can also approach police station with a complaint of criminal trespass against the tenant

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Yes, if the rental agreement is expired and there is no renewal of contract/agreement, the landlord can issue a legal notice instructing the tenant to vacate and then follow it up through court with an eviction suit.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Yes as it was agreed by the parties and there is no clause of renewal the owner for his.own use can ask the tenant to vacate the premises.

The owner will succeed as it was agreed and the relationship was contractual so on expiry of agreement the tenant is not tenant illegal occupant and owner can file a suit for eviction of the temant. To secure rights.only agreements are made

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) If landlord wants to live in the house. He has full right3to vacate the flat and law also tells like that. Please read my previous comments.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Serve a Legal Notice to the Tenant, stating that you wish to have the property for "Self-Usage" and that you are no longer interested in extending the Tenancy.

2. On failure of the above, make a written Police Complaint /FIR against the Tenant, for Intimidation & Trespassing.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes a Registered leave and license agreement is very useful. You can file eviction proceedings against the tenant who refuses to vacate your premises and get him evicted. You can also get compensation and mesne profits with interest for the unpaid rent by the said Tenant.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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