• Does long tenure of stay by tenant give them any rights?

We have a property in Kodaikanal which was originally owned by my grandfather. In this commercial property in one of the shops there is a tenant who is staying for a long time. That is he had signed rental agreement with my grandfather from the year 2002 to 2010. Subsequenty from 2010 the property came to my father's posession and we had an agreement signed with him till 2015. Till 2015 the property was identified old s.no as per Kodaikanal records.
In 2015 since the building was getting old we demolished it and took 2 years to build a new bulding and in the new building we gave a bigger shop in similar place and have an agreement with him which gets over by March 2021. When we have completed the construction of the building in 2017, the S.No of all buildings in Kodaikanal were changed to a new format.

Problems which we have with the tenant are:
a) He is not paying rent on time and always has backlog of a month or so.
b) Behind our back he is claiming to be the owner of the property.

We want to evict him and get some other tenant in this property and would like to know if there are any issues in the same as they have been staying on and off in the property from 2002.
Asked 3 years ago in Property Law
Religion: Christian

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16 Answers

1. Send him a legal notice and ask for evacuation. 

2. He doesn't have any right over the property so get him evicted. You can file police complaint if he is arrogant 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If he do not pay rent on time then as per the rent controller act you can evict him as no new agreement is formed and get signed from him leave and license agreement from every 11 or 33 months multiple so he should not make any claim on your property.

Ganesh Kadam
Advocate, Pune
12898 Answers
250 Consultations

4.9 on 5.0

1. See you have rented property through agreement , the tenant has no other right as stated in the agreement.

2. On completion on present agreement serve him a legal notice to leave the premises and further if on notice he fails file suit to evict him.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can issue legal notice to tenant to vacate the premises for failure to pay rentals 


2) if he fails to vacate file suit for eviction 


3) better option is to wait till expiry of agreement and not renew the agreement 

Ajay Sethi
Advocate, Mumbai
93530 Answers
7257 Consultations

5.0 on 5.0

You need to immediately file eviction suit against him and vacate him. If the possession becomes hostile he may take advantage of adverse possession. 

Prashant Nayak
Advocate, Mumbai
31092 Answers
162 Consultations

4.1 on 5.0


  1. There shouldn't be a problem to get him vacated. You will need to inform him that you need it Bona fide to run your own business. Alternately he will hang on stating it's good means of livelihood and eviction will put him in dire straits.
  2. Once, he has vacated, you may rent it to anyone you choose. By longer tenancy he cannot acquire rights as the agreement has been renewed time to time.

S J Mathew
Advocate, Mumbai
3530 Answers
175 Consultations

5.0 on 5.0

1. A license Tenant will remain a legal tenant TILL duration of the Tenancy /Rent /Lease Agreement. After this he has no right, whatsoever to continue occupation /possession of tenanted property and would constitute a Prosecutable Offence, which includes Eviction Suit thru a local Civil Court.

2. However If somebody (without agreement) is in occupation or possession for more than 12 years, THEN legally it constitutes as "Adverse Possession" and now he cannot be evicted.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Better is to get rid from this tenant ,he is adopting wrong ways deliberately being old tenant so get eviction proceedings started on the basis of the genuine need.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. If he defaulted in payment of rent always , then you can terminate the rent agreement with one months notice , after sending a legal notice to him , and thereby ask him to vacate the tenanted shop . 

- Further, if not vacate and pay the arrears , then you can file an eviction petition before the court on the ground of non payment of rent.

2. A tenant cannot claim ownership , even he is in use and occupation of the tenanted premises since long period, and his status will be remain there as a tenant and not landlord. 

Mohammed Shahzad
Advocate, Delhi
12539 Answers
173 Consultations

5.0 on 5.0

1. It can be reclaimed if you are going to be in possession. 

2. He can be warned from doing so.



High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2129 Answers
8 Consultations

4.9 on 5.0

1. If there is continuous default of rental payment by two months or more, then you can issue an eviction suit and not not on this situation.

2. Let him claim anything, he cannot claim the property.

You can wait for the expiration of the current rental agreement and do not renew the agreement, issue an eviction notice followed by eviction suit

T Kalaiselvan
Advocate, Vellore
83727 Answers
2059 Consultations

5.0 on 5.0

If there is a proper rental agreement or lease agreement then tenant has to live in the property and pay the rent.

In case of default in payment of rent the landlord have the right to evict the tenant and in case tenant moves to the court for the injection order then it will be the courts procedure for eviction of the tenant and the lond lord will have to show the urgency that he needs the property for his own use.

In general long stay in the property does not give any right to any tenant to live in that property as his own property without payment off the rent and without rental agreement

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

As you have stated the tenant has not been continuously enjoying possession of the property for 12 years or more in order to claim ownership by adverse possession. You need not worry on that score. His verbal declarations shall not entitle him legally to claim the property. However, if you are concerned, you may issue him notice to vacate the property and hand you vacant possession in accordance with the relevant clause in the rental agreement.

Swaminathan Neelakantan
Advocate, Coimbatore
2714 Answers
20 Consultations

4.9 on 5.0

A tenant will remain always tenant. He can't be owner at any cost even he might be having old possession

issue legal notice to evacuate the rented premises and also demand the pending rent. Later if he didn't comply the notice you have to sue him in competent court. 



Mohammed Mujeeb
Advocate, Hyderabad
19298 Answers
32 Consultations

4.7 on 5.0

1. You can send him eviction notice when the agreement will get expire.

2. Tenants cannot claim ownership of property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Even if stays there for a 100 years he will remain a tenant. If he is causing problems then give hom an eviction notice. Old tenants must be removed so that they don't get comfortable in that place.

Rahul Mishra
Advocate, Lucknow
14054 Answers
65 Consultations

5.0 on 5.0

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