• Risk of tenant not vacating house after agreement

Hi
If we give a house to businessman after having registered rent agreement, any chance of him not vacating house?  Further Queries 

a) In case a case goes to court , does tenant have to deposit rent in court?
b) Is there any sense for businessman to not vacate the house in that case?

Just dont want a situation where i give house on rent to a businessman who doesnt vacate the house nor pay me the rent
Asked 2 years ago in Property Law from New Delhi, Delhi
You can file an eviction case on the ground of non payment of rent and for more grounds must check the terms of agreement.you can evict claiming for personal use. If he deposit the due rent in the court then he need not have to vacate.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. It happens in many cases that the tenant refuses to vacate the leased property even after the expiry of the lease. In such a scenario the rent agreement will be sacrosanct. The rights of landlord and tenant will be governed by the rent agreement.

2. If the tenant refuses to vacate after the expiry of the lease then you may move to court and obtain an order of eviction against him. Non-payment of rent is also a ground on which the lease can be brought to a premature end by the landlord by moving to court and filing a case for eviction. 

3. Rent will have to be paid by the tenant in the court once it is assessed by the court. Failure to comply with the order of paying the rent will invite immediate eviction.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. You have not clearly informed as to what agreement you have registered. Is it a 11 months leave and license agreement? or a Tenancy Agreement for a longer period?

2. No body can predict whether your businessman tenant will vacate your house after the period for which he has taken rent even after executing and registereing an agreement,

3. Most of the cases of tenancy agreement the tenants refuse to vacate on various pleas basically because the rent of similar property gets hiked at a much accelerated rate,

4. In case of leave and license agrement it is easier to evict quickly,

5. In cae of Tenancy Agreement, it takes years to get an eviction suit to be disposed off,

6. During the pendency of anu suit, the tenenat deposits rent with rent control or Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1) you have to take adequate safeguards in drafting your agreement . 

2) enter into leave and licence agreement only 

3) have it duly stamped and registered

4) incorporate clauses as to consequences of licencee not vacating premises on time . 

5) take sufficient security deposit from licencee 

6) in the event licencee refuses to vacate issue legal notice and file eviction suit .

7) rent would have to be deposited in court pending eviction proceedings 


8)if you dont need the money dont give your premises on leave and licence .
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
1) you are apprehensive that tenant will not vacate house after you give it on rent . hence if you want to play safe never give your own house on rent . In Bombay many families refuse to give vacant flats on rent for same reason . court cases go on  for long time . hence they play safe . 

2)if tenant wants to retain possession of your flat he may refuse to vacate as market rentals may be far higher . the objective being to extract money from you to vacate house . 

3)if your rental agreement contains a default clause that if tenant fails to vacate he has to pay 10%higher rent then said clause can be enforced 

4)litigation fees vary . it would depend  upon number of years your case takes to be disposed of , pendency of court cases in your city. 

5) court will direct tenant to deposit rentals in court . if you succeed you will get the amount deposited in court
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
A registered agreement and  unregistered agreement stand on the same footings. A lease agreement for more than a year is to be registered and if the same is for less than a year it optional for the purpose of registration. If an agreement for more than a year is not registered then the lease shall be from month to month basis and can be terminated by 15 days notice.  if the property is in Delhi you have to take care that the rent is more than 3500/- pm. so that the tenancy is not protected under Delhi Rent Control Act. The amount of rent should be clearly mentioned in the agreement and the rent should be received by a cheque in your name so that amount of cheque and the title of landlord is not disputed any time. 
After the lease comes to end as per agreement the tenant is bound to vacate and hand over possession to the landlord in case it is not extended. If the tenant fails to do so a suit for possession can be filed. During pendency of suit the tenant is bound to pay rent to the landlord through court. If however the landlord wants to claim prevailing market rate of rent after the lease period, then it has to be claimed through a suit for recovery of damages/mesne profits.  If the amount of rent and  the relation of landlord- tenant  is not disputed then a decree of possession can be passed straightway.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
First you can send a legal notice for getting arrears of rent or else to vacate with a month.Then file a suit for eviction in the rent control court.if the person doesnot pay rent regularly is a ground to evict.if after the elapse of 11 months they don't give you hiked rent as mentioned in the agreement it s also a ground.after 11 months you need yo renew it. If you don't renew they need yo vacate You can ask for personal use and evict him.when does agreement get lapsed
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hello,
If you want to avoid any legal hassles to vacate the tenant you need to ensure that the agreement is drafted carefully including terms of termination of tenancy and the consequences thereof.
As you mentioned if you are renting your premise on leave and licence basis contact the tenant a month prior to the end of the term to and get a confirmation about his intentions to continue /renew the agreement for another term.If he wants to renew go ahead with the required formalities to renew if you are willing.
If the tenant refuses to vacate and overstays without renewal of the Agreement you can get him evicted
While the suit for eviction is pending for disposal the court will order deposit of rent in court.
You may not get the 10% increased amount while the case is pending but the amount he had been paying.You can of course seek to be compensated for the loss.
What you need to ensure again is that the agreement is properly drafted with all ingredients of an enforceable agreement so that you will be able to take appropriate legal steps whenever required.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Being a landlord if you wish to let out your premises, you need to take all precautions and safety clauses in drafting the lease deed  pay requisite stamp duty and get the same registered. If your document is well drafted and is in order in all respect the same can be used as evidence in case need so arises.Secondly, terms and conditions should be such explanatory, clear and being protective to your interest by burdening the tenant much higher in case of violation on his part. such as taking security deposit,interest on delayed payment of rent,penalty for non payment or deduction from deposit, vacation on non-compliance or violation of agreement,if not vacated then damages/mesne profit on market rate or penal rate etc.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. Letting out premises carries a risk of the tenants not vacating after the lease period is over even after executing an agreement. The land lord should discount the said risk while giving his premises on rent. You will get the rent, no worry for that but getting your property vacated may be a problem,

2. The tenant is lured to go to court and drag the case as long as possible by paying very low rent in comparison to the market rate,

3. Leave license agreement for 11 months is best in such cases wherein penal clause of paying 20% more than the rent after the lease period is kept in the agreement. In such cases the occupier is not to be called tenant but leasee. It is easier and quicker to vacate a leasee than a tenant,

4.  The case for vacating the leasee may not take more than 2 years though it actually depends on the load on the Court,

5.  You will get the agreed rent from the Court on filing an application.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. The rental agreement is enforceable at law. Notwithstanding the rental agreement a mischievous tenant may refuse to vacate the premises after the expiry of the agreement which would leave you with only one remedy i.e to approach a court of law to regain the possession of the leased premises. Court will order the tenant to pay the agreed rent. 

2. The litigation for recovery of possession brought by the landlord would not culminate early. So the incentive for a lawless tenant is that unless and until the case is decided in favour of the landlord by the court he will continue to remain in possession of the premises. It is for this reason that many tenants do not vacate the premises even after the expiry of the agreement. Refusal to vacate after expiry of the term is nothing but a time buying tactic. To obviate the possibility of this happening in your case get your agreement drafted by a lawyer to ensure that all the right clauses are incorporated therein. 

3. Failure to vacate after 11 months will make him liable to pay the increased rent.

4. The cost incurred on filing and contesting the case is the legal fee of the lawyer which he alone can tell you.

5. Court will direct the tenant to deposit the rent in the court as long as the case is not decided.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
A. Usually, the tenant is entitled to use the premises within the lease period, subject to the terms and conditions of the lease agreement and lease term mentioned more than a year it must be registered.

B. Once a tenant completed the lease term, the landlord can increase the rent and tenant has to pay the additional rent, if he is not ready to pay increased rent that the landlord has a right to evict him by operation of the court process by depositing rent before the court during the pendency of the suit.

C. The cost of the case should be considered a local court fee act and advocate fee depending upon you are an advocate fee structure.

D. You are eligible to get court expenses along with rent dues.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0

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