In Okkiampet, Chennai 600097 (a flat)
I have a duplex flat at the above address in 3rd and 4th floor with stairs inside.. I am becoming old. I cannot climb stairs now. So, I have divided the flat in to two one in 3rd floor and the second one in 4th floor. Now, I want to reside in fourth floor and let out 3rd floor for rent to a commercial firm. I want to be 100% with in Law. I am honest citizen following Rules and Regulations very carefully. What should I do?
Asked in Property Law from Chennai, Tamil Nadu
Hi, You have to entered into lease agreement with Tenant and it has to be registered before the Sub-Registrar office.
2. If you want to lease any premises for more than 11 months then lease deed has to be registered before the Sub-Registrar office.
1) you have to make application to the society and obtain its NOC if you want to give premises on rent
2) register leave and license agreement entered into with firm
3)get agreement drafted by lawyer
4) take security deposit of atleast one year rentals
5) police verification is necessary of licensee for giving premises on leave and license
For making one flat into two flats, you have to seek the permission of the local civic body, get the plans properly approved, the association/society is to be consulted about separating your single flat into two and after obtaining approvals you can get the single duplex flat into two different flats one each in third and fourth floor.
Subsequent to this you can decide about letting it out on rent of to have it for your own use etc.
Unless there is an embargo in the sale deed or in the local laws to let out the flat to a commercial firm you are free to do so. In residential areas the letting out of flats for commercial use is prohibited on many occasions. A local lawyer alone can tell if there is any such ban imposed by the law or local municipality.