My tenant lease is coming to an end, and my tenant is showing unwillingness to discontinue and at one side he has said he will not leave on other side he is saying he just want 1 year and willing to sign anywhere and then will vacate. He is suggesting he is fine to increase the rent amount. Since my father who is senior citizen is old and undergoing health issues and is not in a state to take this litigation at the moment , shall we ask increase the lease of the tenant to 11 months with a) strong rent agreement b) does it make any serious troubles for landlord if the tenant is resides back 11 months more ... like if we extend and he doesn't leave after 11 months again we will have the same position like we are in today . we have to go to litigation correct or he may own the house. we are just trying push away litigation currently due to his health. Tenant was good in paying the rent on time. Can we ask him to pay advance cheques of increased rent or security money lumpsum to ensure he doesn't breach or suggest an alternative strategy avoid litigation and continue getting rent too.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Once a tenant always a tenant
he cannot claim ownership rights
enter into to leave and licence agreement t for 11 months
register agreement
it should contain a penal clause that if he fails to vacate he will pay the rentals
you have to file eviction suit if he fails to vacate
Dear Sir/Madam,
You may extend the tenancy only through a fresh written agreement with clear rent, time period and vacating terms.
But if the tenant still does not vacate after that period, you will still have to take legal eviction action; merely continuing in possession does not make him owner.
Advance rent or security deposit may help financially, but it does not remove the risk of future litigation.
You may please note that a tenant cannot "own" your house simply by staying there for an extra 11 months.
Instead of renewing the rental agreement you may better enter into an 11-month Leave and License agreement, duly registered because with a clear expiry date makes an eviction suit much easier for you and harder for him.
If you decide to extend, do not just "renew." Draft a fresh agreement with these specific clauses stating that the Licensee (Tenant) acknowledges that this is the final extension and agrees to vacate on or before the date of expiration of the agreement. You may include a holdover or mesne profits clause stating that if the tenant fails to vacate by [Date], they shall pay a daily penalty of Rs. [Amount] in addition to the monthly rent. Since he is willing to negotiate, ask for an additional security deposit (e.g., 2-3 months more). If he stays back, you have a larger financial cushion to cover potential legal fees.
