Hello,
If you have a prove to show that monthly rent was being paid by them then the same will be considered as a month to month tenancy.
Start giving them rental receipts monthly.
They can not stake claim as owner.
Regards
Hi. I have an independent house and my tenants have loved here since the past 9 years. Unfortunately we didnt sign any legal agreement with them. I wanted to know can the tenants claim any rights on ownership of the house ? Because we didnt have any legal agreement? And when i ask them to vacate , can they cause any legal trouble?
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Hello,
If you have a prove to show that monthly rent was being paid by them then the same will be considered as a month to month tenancy.
Start giving them rental receipts monthly.
They can not stake claim as owner.
Regards
See they cannot claim at this juncture any right they are under permissive possession they are paying rent.
It is better to make an agreement and ask the to sign same so there is no dispute.
You should consider issuing monthly receipt for the payment of rent to them.
If you do not provide any monthly receipt or enter into any rent lease agreement with them, they can claim ownership of the land by way of adverse possession after an elapse of period of 12 years.
It's better to issue the notice asking them to get a registered agreement executed or to vacate the property.
They may cause trouble it's depends on the nature of the person. But it's good if you sign a registered agreement with them for your safety.
Dear client
12 years of uninterrupted stay at a premises with the permission of owner and without any interference can cost you your property as it is specifically mention in Limitation act regarding the same. So you should either make a rent agreement or tell them to vacate the premises for few months to get the repair work done or renovation of house.
Every rental agreement should be in writing and registered. The rental agreement should specify the terms and conditions of the lease, the monthly rental amount and security deposit. It should also specify who will pay for the utilities, water, electricity and maintenance charges. The purpose of tenancy should be clearly mentioned – whether the property is being used for commercial or residential purposes. If the rental agreement is set to expire and you and the tenant agree to extend the term of the lease for a specific period, then, the extension should be in writing.
Ask tenants to sign leave and licence agreement
2) once a tenant always a tenant
3) he cannot claim ownership rights on property
4)you can always file eviction suit if he fails to vacate
Sir
Tenant is tenant even if they stay for any years. Despite no agreement you can ask them to vacate. Even if they resist you can evict them under due process
1. AFTER continuous stay of 12 years, the Tenant will be able to claim permanent "adverse possession" and you will find it very very difficult to get him to vacate your premises, except thru a proper court order.
2. EITHER you may execute a latest date Tenancy agreement at current dates rent amounts or ask the tenant to nicely vacate the premises for your own personal use.
3. It is highly risky and very very unwise to allow anybody to occupy your premises without a tenancy agreement.
Tenant paying Rent continuously ?
If yes than no claim except tenancy right. Since they are in long occupancy of house, on mere asking to vacate, they may not agree. Ask them verbally , if not agree than issue notice to vacate house within 15 day. Failure to which you can file eviction suit in court.
Once a tenant is a tenant till the last hence they cannot claim any ownership rights in the rented premises.
Why do you want to allow the tenant to remain in the rented premises without a valid rental agreement.
Even now you can enter into a rental agreement afresh, if the tenant is refusing you may ask him to vacate the premises.
In fact the tenant only will face problem if ther is no valid rental agreement if you state that he is residing in that premises without any authority.