Once a tenant always a tenant
tenant cannot claim ownership rights on property
if tenant refuses to vacate file eviction suit against tenant
I have a property in Thane. The same has been rented under Leave and License agreement since 2016 and is renewed every 2 years. It is rented to the same tenant since March 2016. Can tenant claim ownership and refuse to evict?
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Once a tenant always a tenant
tenant cannot claim ownership rights on property
if tenant refuses to vacate file eviction suit against tenant
A tenant is tenant always and forever, he cannot claim ownership of tenanted property even after laps of 100 years.
Tenant cannot claim ownership because there is a leave and license agreement
Ownership can only be claimed when the person squats on the property without any iota of right under any agreement
However the tenant can refuse to vacate in which case you would have to file an eviction suit
- As per Delhi High Court , Once a Tenant, always a Tenant ,unless the situation changes by contract or by law.
- Further, a tenant cannot be the owner of the tenancy premises given to him by the landlord even if the tenant has been living and using that property for a very long time.
Under what circumstances tenant can refuse to vacate? Is it a cumbersome process to get eviction order?
- You can send a legal notice to the tenant for the termination of the tenancy within the period which is mentioned in the agreement.
- If even not vacate, then you can get the eviction order from the court on the expiry of the agreement.
He can dispute receipt of termination notice
Or he can say that the termination is illegal
Or he can set up some verbal agreement
It can be anything which cannot be predicted
However whatever he asserts he will have to prove that by leading cogent evidence
Dear Client,
In this case i would like to inform you that,under a Leave and License agreement, the tenant would not be able to lay claim to the ownership rights as such agreements do not create a tenancy per se but give only temporary permission to occupy the property, governed by the Maharashtra Rent Control Act, 1999. Therefore, the tenant cannot claim ownership.
Yet a tenant may decline vacating if:
i)There is no serving at the termination of a legal notice.
ii)This includes claims of harassment or unfair eviction practices.
The tenant has to be given a notice of legal eviction, and if he/she does not vacate on his/her own, the landlord has to go to court for an order of eviction which can take up considerable time. Still, even while that is true, in most respects, the process of Leave and License is simpler for the eviction process compared to a tenancy agreement.
Thank you.Hope this answers your query.
Once a tenant is always a tenant, hence there is no need for you to be disturbed on that count.
The tenant cannot claim the property just because he has stayed in the property for a considerable period.
Besides you are renewing the agreement periodically which confirms that the the tenant is a tenant only.
If you are still worried about this issue you can ask the tenant to vacate on expiry of the current tenure of rental agreement.
During the cordial relationship with the tenant you can formally inform the tenant that since you need the house property for your personal use, he needs to vacate after the expiration of the current rental agreement period.
If he is refusing to vacate then you can file an eviction suit to evict him on the basis of the L&L agreement conditions.
The tenant cannot claim adverse possession in this case. You can serve a legal notice To him to vacate the property within A month of receipt of the legal notice, if he fails to do so, you can proceed by filing a suit for eviction against him
As clearly qouted by the Hon'ble Supreme Court of India- "Once a tenant is always a tenant'.
A tenant can not claim ownership over any property to which he is a tenant and if any tenant refuse to evict the rented premises, than the owner of the property can send him a legal notice for eviction and if the tenant don't vacate the premises even after the legal notice than the owner can file an eviction suit against him.
Generally, an eviction suit does not last for 1 or 1.5 year but it all depends on the burden of the cases on the respective court of that particular state and the earliest date given by such court in a ordinary manner.