I have rented my apartment thru the builder of the complex in Hyderabad. I had an agreement with the builder that he would pay me every 6 months irrespective of occupancy of my apartment. After 16 years, my builder stopped paying my my rent since one year, I approached the tenant directly and they are willing to me directly going forward. However, there is no rental agreement between the builder and the tenant also they have been living there over 15 years. What choices do I have now? 1. Request the tenant to vacate with 2 or 3 months notice to avoid 12 years law (since they lived for 16 years) or 2. Execute a new rental agreement but will this negate the 12 year law? Appreciate your help. Thanks Raju Omkaram
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An old rental agreement would not be valid for 16 years.
It should have been renewed periodically.
Since the tenant is willing to pay the monthly rental amount directly to you, you can better get a new rental agreement with him now for a period of 11 months with optional renewal clause.
You are landlord and he is tenant, he will be tenant and you will landlord forever. Twelve years law your are speaking about is law of limitation to recovery of immovable property, it is not applicable here. You can seek eviction of tenant under Telangana Buildings (Lease, Rent And Eviction) Control Act, 1960. Courts are taking stringent actions against tenant defaulting payment of rent. There are other provisions also which will force tenant to come for settlement. You can also recovery amount to rent collected by builder.
The 12 year law doesn't hold in your case. Tye law of adverse possession doesn't apply to you. Don't worry. You should ask them to vacate and then keep another one after duly making an agreement.
Execute fresh leave and license agreement
Enter into leave and licence agreement with tenant for period of 33 months or so
2) register the leave and licence agreement
Licencee cannot claim adverse possession
The 12 years law does not apply
The tenant cannot be said to be in adverse possession
The tenant is in possession of your flat with prior permission and under an agreement
Adverse possession or the 12 years law would have applied if the tenant had simply barged into your flat without any authority and was living there for more than 12 years without any objection by the true owner
You can directly make a fresh rent agreement with the tenant and continue
Hi. For possession of the property as a tenant will not applicable adverse possession (12 years) and his possession is entirely different. If you want to continue the tenant then you can executed fresh Lease Deed and ask for payment of un paid Rent and you can continue with fresh terms and conditions.
Dear Client,
A landlord cannot force the tenant to extend their stay if there is no rental agreement restricting it. Since a rent agreement also states the penalty for delaying the rent payment, a tenant is not liable to pay any additional charges for the same in the absence of a lease agreement or a rental agreement.As per the law in the absence of a rent agreement, it is considered that it is a month-on-month lease. This means that the owner has the right to serve notice to the tenant to vacate the property within a period of 15 days.
Thanks & Regards
- Since, you are the legal owner of the said apartment ,then you can enter into an Rent agreement with him ,without the consent of the builder.
- Further, in the absence of rent agreement , the tenancy is considered as month to month basis.
- Further, if he is paying rent regularly, then his status in the tenanted premises is just like a tenant , and he cannot claim the ownership on the ground of 12 years i.e. adverse possession or even he continued there a long period as well.
- Hence, now you can enter into a new agreement with him , after stating that he was earlier living in the premises and now renewing the agreement with new terms and conditions on the request of tenant.
