• We have a house on rent and now 2 unmarried couples living together in it

Hi All, 

I am asking this question from my parent's side(Both are senior citizens and the house is the name of my father only). 

We own a home in an society in Noida, U.P. and we let out to 2 office-going women(both in their early 20s) on rent in August 2022. There were no issues on their end, so we renewed the rent agreement again this year. (Please note, the current rent agreement is in the name of both women). 

Yesterday, we came to know that the boyfriends of both women are also living with them. And our society association normally forbid owners to let out houses on rent to bachelors as they create ruckus. Now when the society association came to know(IDK HOW) that their boyfriends have been living with them permanently now(we were not aware of their BFs). Society has created an issue saying that cannot allow both boyfriends to come into the society as both couples are unmarried and the rent agreement is in the name of women only. 

Now both women are asking my parents to draft a new rent agreement where all 4 people's names would be there and cancel the existing agreement as they are saying that they never created any issues and were living peacefully(it is true that we never heard any issue from them). 


Question - I want to know can there be any issue if we draft a new rent agreement with all 4 people's names in it? 

Please note,

1) That we are okay with unmarried couples living together as they never troubled us for anything. 

2) Our agent was aware that their BFs are also living with them but he never told us. 

3) Rent Agreemenxxxx has been notarised. But it is not registered with the ffNlida ddd
Asked 2 years ago in Property Law
Religion: Muslim

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12 Answers

boy friends can submit police verification report to society . no legal bar to partners staying with the women 

 

2) if society insists get fresh rent agreement done that 4 persons would be staying n said flat 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

religion of parties is immaterial 

 

it is always advisable to register rent agreement 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

in Maharashtra registration of leave and licence agreement is mandatory 

 

rent act differs from state to state . 

 

as per information available online registration is also mandatory in UP 

 

 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear client,

Notarized rental agreements are recognized as legitimate in India, but registration offers further legal protection and enforceability. The rent agreement in your instance, however, might not have the same legal standing as a registered agreement because it is not registered. The immediate problem might be resolved by drafting a new rent agreement with all four names, but it's important to take society's rules and regulations into consideration. The rental agreement may not be the means by which the organization enforces its own occupancy regulations. It is advisable to speak with the social association about the matter and work toward a cooperative resolution that complies with their policies. It's crucial to discuss the problem with your agent in order to guarantee improved communication going forward.

 

Hope this helps you. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

See if they have lied to you and taken the flat then you can send them legal notice and evict them. If society is creating problem but you want to continue with them then legally society can’t create issues for batchelors or bfs

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The society cannot object to bachelors staying in the apartment even if they are unmarried boys and girls.

The society is not the owner of the flat hence they cannot impose such conditions on the owners of the flat.

If the society is arrogant and insisting on evicting the tenants, you can ask them to issue a legal notice mentioning the law that they rely upon to establish that this tenancy is illegal and not acceptable.

They cannot quote any single reason or provision of law to object this arrangement except moral issues.

The society should not be concerned about this until and unless there is some problem in this regard to the fellow neighbors or the society itself.

The bylaws of the society cannot restrict the bachelors to reside as tenants in the flat.

If you want to handle it smoothly, then you can get the current rental agreement cancelled and enter into a fresh agreement making all the four as tenants, then the society cannot raise any objection.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Even though the rental agreement is by an unregistered deed, it is not the botheration of the society hence you may not be worried about it, you can proceed as suggested in my previous post.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

There is no court case hence you should not be concerned about court at this stage when there is no dispute or case pending in court.

The police has no business whether it is a registered or an unregistered rental agreement

Their duty is just to verify the credentials of the tenants and give a certificate as per law in case you approach them for this

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. Yes. It is their decision and being landlord you should not have any issue. SAs such there is nothing wrong. You have no right to interfere. As such there is no violation of any agreement nor is in violation of law. 

2. So? What is the issue? Nothing wrong and illegal on part of agent and tenant girls.

3. Unregistered agreement is valid and can be used for corroborative purpose.  Even oral agreement too is valid. . 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

1. there is no need to make a new rent agreement

2. you can make an addendum to the main rent agreement

3. in the addendum or supplementary agreement the BFs of the original licensees can be permitted to use the premises as licensees together with the original licensees on the same terms or whatever new terms you may want to impose considering the objections being raised by the society

4. even a notarised rent agreement can be taken cognizance of by the court and police

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

You’re free to revise it. Society has not locus in this matter.

 

Registration not Mandatory it the tenure of rent agreement is 11 months or lesser. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. If you are satisfied with their conduct , then can enter into a new rent agreement after cancelling the old agreement. 

- However, a police verification should be conducted of those tenants for safety purposes. 

2. As per law, the registration of rent agreement is not mandatory if it is executed for 11 months only. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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