• My tenant is staying continuously for 13 years on leave and license agreement

My tenant is staying in Karnataka on leave and license agreement renewed every 11 months without registered leave and license agreement from past 13 years can I evict him
Asked 5 months ago in Property Law
Religion: Hindu

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12 Answers

Yes, you can evict  him after the expiry of the 11 months.  There is no registration is required if the leave and license agreement is less than 11 months.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

You can evict licensee on expiry of leave and licence 

 

you can also terminate the agreement 

Ajay Sethi
Advocate, Mumbai
94738 Answers
7539 Consultations

5.0 on 5.0

 

Even if agreement is not registered you can evict licensee 

Ajay Sethi
Advocate, Mumbai
94738 Answers
7539 Consultations

5.0 on 5.0

Agreement is not barred by limitation 

Ajay Sethi
Advocate, Mumbai
94738 Answers
7539 Consultations

5.0 on 5.0

You can evict the tenant at any time after the completion of 11 months or as per the terms of the agreement. If the property is in a rent control area, then approach the rent control court for eviction if he is not ready to surrender the property.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

In Karnataka, it is mandate to register the leave and license agreement for a rental period of more than 11 months. Registering a rent agreement is optional in case the rental period is less than or equal to 11 months.

- Since, the said agreement is only for 11 months period , then its registration is not mandatory and even no limitation Act apply therein 

- However, you being an owner of the property can evict him after giving him one month notice 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

A tenant shall always remain a tenant and in no eventuality,  except sale, a tenant cannot become owner. Tenancy agreement can be in writing or can be oral. So after 13 years also he shall remain tenant and if ground so exist you can evict tenant. Unregistered agreement too is valid and can be used for corroborate purposes. If any right is claimed on basis of an unregistered document then court can impound the document and can sent to registrar for stamping purpose with penalty. 

Siddharth Srivastava
Advocate, Delhi
1246 Answers

5.0 on 5.0

On expiration of the current renewed agreement you can terminate the same and instruct him to vacate and deliver vacant possession filing which you can evict him by due process of law.

 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

In your first post of this thread you mentioned it to be a leave and license agreement bu in the second post you have mentioned it as lease agreement, which is correct.

Well you can very well terminate the lease agreement also on expiration and follow the due process of law to evict him legally in case he is reluctant to vacate.

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

The initial period of the lease agreement was for 11 months but it was periodically renewed subsequently.

hence it will not fall under limitation, besides it is not affected by law of limitation

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

Dear client,

Eviction laws can vary significantly by region, and in this case, since the tenant is in Karnataka, Indian tenancy laws apply. Generally, even without a registered agreement, tenants still have rights and legal protections. In Karnataka, the Rent Control Act governs tenancy matters. If there's no registered agreement, it's more challenging but not impossible to evict the tenant. Usually, verbal agreements or unregistered agreements also hold some legal standing, though it might be more challenging to prove the terms. To evict a tenant without a registered agreement, you'll need to follow legal procedures outlined by the Rent Control Act. You might need to issue a legal notice, citing reasons for eviction, and then file for eviction through the appropriate legal channels if the tenant doesn’t comply.

In Karnataka, for a lease agreement to be legally enforceable, it typically needs to be executed on a stamp paper and registered as per the Karnataka Stamp Act, 1957. A lease agreement with a value of Rs. 2000 on a stamp paper might not be sufficient for the terms you've mentioned - a 5-year lease with an advance payment of Rs. 8,00,000 and a monthly rent of Rs. 15,000. The lack of registration might weaken the enforceability of the agreement in case of disputes or legal proceedings. Notarization alone may not suffice in place of registration for the agreement to hold up in court. Given the significant advance and monthly rent, it's strongly recommended to have a legally registered lease agreement in Karnataka. Without proper registration, enforcing the terms of the agreement, especially regarding eviction or dispute resolution, might be challenging.

In India, the Limitation Act specifies the time limits within which legal actions can be taken for various matters. Regarding tenancy or leave and license agreements, the Limitation Act can apply. For unregistered leave and license agreements, while they might lack the same legal standing as registered agreements, they might still have some legal recognition and might be used to establish a tenancy or licensee status. The continuous stay of a licensee for 13 years on such an agreement could potentially create an implied tenancy, and the licensee might be protected under tenancy laws.

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
8890 Answers
110 Consultations

4.7 on 5.0

It’s better you register it the next time. He can stay for any no of years on leave snd license 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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