if licencee refuses to vacate premises file eviction suit against him
2) take the plea that he was mere licenceee as per temrs of agreement and not tenant
3) claim penal rent from licencee as per tems of your agreement
4) contact a local lawyer
About rent agrrement
Dear Sir / Madam, I had given my flat - (property) by agreement to a retired person one year ago on a stamp paper of Rs. 100/-. When the contract got over, I insisted that he should register the agreement with the Registrar of Stamps. However he is not ready to register the agreement even when I am willing to bear the charges. I sent him a notice stating that he should enter into a registered agreement or else vacate the premises. He replied that he has entered into a rent agreement and not lease and licence agreement (although there is a point stating that the relation between the parties will not be as Owner and tennant but as a licensor and licencee). One mistake is I had given receipts for 11 months stating the word rent on it. How should I deal with the situation? Pl. help.
Asked 5 years ago in Property Law
Religion: Hindu
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9 Answers
Dear Client,
No difference in rent or lease. Only change is putting property on rent for more than 11 months, registration of agreement compulsory.
Rent agreement is for month to month and lease agreemetn is for certain period of time. If he is claiming himself lessee, issue 15 days notice to vacate.
Under rent act the tenancy agreement is compulsorily registrable and in absence of registration the tenancy terms as contended by tenant will prevail
however a leave and license agreement is not compulsorily registrable.
what kind of agreement did you enter with this person?
was the tenure mentioned? I assume yes
one difference between tenancy and license is that tenancy is perpetual whereas license is for a specified period
so this person cannot claim that he has a tenancy when there is a tenure stipulated in your agreement
also licensor and owner is one and the same in most of the cases, barring certain exceptions
Sir registration is not required for a rent period of 11 months notarised agreement is perfect as rent period is over you can ask him either to vacate or then can make a registered agreement there is no risk in the unregistered agreement donot worry.
So if now if there is no agremeent now the poeriod is over and he is not ready to register give him a evidtion notice .
You send him a legal notice to vacate the premises if he is not ready to register. If he is not ready file eviction suit in Court. If you don't want to go to court with till 11 months and don't renew the agreement. Never give possession before Registration
The rent agreement is not supposed to be registered.
He is right and you cannot compile for the registration of rent agreement which is of 11 month only in case it is a Lease Agreement then only you have to get it registered and they stamp duty charges are boarned by the landlord and tenant equally.
In case the rent agreement period is over just send him eviction notice to vacate the property
Share the deed for a concrete advise.
as of now you may get the property vacated as per the terms of agreement, otherwise ask him to vacate after the expiry of 11 months.
regards
Issue legal notice to vacate the flat ,if he refused to vacate file eviction suit against him before the court
Agreement for tenancy is for 11 months so if not registered don't worry notarized agreement is also valid so you can wait for 11 months
Lease agreement is for longer period so registration is must
Don't worry if he is not vacating your property file eviction suit
There is nothing wrong in giving the rental receipts mentioning the rent, if he is not cooperating then he can be asked to vacate, if he does not comply then file an eviction suit mentioning the same as reason that he is refusing to register the rental agreement.
