Rent agreement renewal beyond 3rd term
I have my rent agreement renewal pending, as it expires on 31st January 2016. This would be my 4th term (of 11months each) in the same apartment. 2013-14, 2014-15, 2015-16. However it seems there is a law that prevents renting out a residential premise to the same person for the 4th consecutive term. Is this true? If yes then what should I do to continue staying at the same address without getting into a legal hassle.
Please Note: I plan to register this version of my rent agreement for my passport application. Earlier versions of the agreement were notarized and not registered.
Asked in Civil Law from Pune, Maharashtra
1) there is no such law that prevents renting out a residential premise to the same person for the 4th consecutive term
2) if at landlord is hesitant keep a gap of month or so and then enter into agreement for leave and licence
NO, there is no law related to restrain the tenant for renew the tenancy for 4th time.
it will be better to registered the Rent agreement now.
Advocate, New Delhi
Hi, There is no Law as such that the property can't be give tenancy at 4th time.
2. If the Rental agreement is less than 11 months, registration is not compulsory, if you want you can register the property.
A residential lease is a legally binding contract made between a landlord and tenant. The lease gives a tenant the right to exclusive use and enjoyment of the described residential property in exchange for money paid to the landlord.
A Residential Lease typically addresses the following:
the type of property being rented;
the address of the property being rented;
the term of the tenancy and whether the tenancy is fixed or periodic;
the amount of rent payable, how often and when the rent should be paid; and
the provisions of any security/damage deposit.
In addition, a residential lease may also identify the following:
taxes that are payable by the tenant;
landlord improvements and signing incentives;
tenant improvements and signing incentives;
landlord and tenant repair obligations, who will pay for what utilities;
whether the tenant can assign or sublet the property:
notice provisions for termination of the tenancy; and
However there is no such law known to public that there is a law that prevents renting out a residential premise to the same person for the 4th consecutive term. It should be rumour, hence you may not worry about it.
I know no such law that has been passed by the Parliament or any State Legislature. If, however, there is a special enactment by the State Legislature in your state then only a local lawyer can shed light on this.
1. The Act does not specify that you can not have ;leave and license agreement for 11 months executed consecutively for 4th time,
2. Leave and license agreement for 11 months need not be registered,
3. However, if your landlord refuses to execute the live and license agreement consecutively for the 4th term, execute it by giving a gap of 2 months which will break the continuity,
4. Your stay in the said house for those two months should go unrecorded for which you shall have to pay cash.