• Tenant staying for 11 years

Hello,

Should I ask the tenant to vacate my flat after 11 years as I have heard that a tenant can claim rights to the property after 12 years of stay? I sign a 11 month agreement with the tenant which is renewed every year.

Lets say, after the duration of 12 years(lease being renewed every 11 months and the tenant paying rent regularly) if the tenant turns malicious can he claim rights to the property?

If so, how can I safeguard my interests as a Landlord? I would want to continue with the same tenant but would not want to put myself in a difficult situation as I stay far away from my property and do not want to be taken advantage of. My flat is located in Panchkula, Haryana.

Thanks
Asked 4 months ago in Property Law from United States
Religion: Hindu
1) tenant is always a tenant . he cannot claim ownership rights of the property 

2) in your case you have entered into leave and licence agreement with licencee for period of 11 months 

3) on expiry of agreement it has been renewed by you on yearly basis . 

4)i presume agreement is duly stamped and registered

5) on expiry of agreement dont renew it . ask licencee to vacate the premises 

6) after expiry of 15 days or so enter into fresh registered leave and licencee agreement with same licencee 

7) in the alternative give premises on rent to another person 

Ajay Sethi
Advocate, Mumbai
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Irrespective of duration of stay the tenant can never claim extra rights merely because he is staying therein for many years.
If the tenant refuses to vacate the property only option left with you is to file a suit for eviction.
The tenant can refuse to vacate even if you enter into an agreement for tenancy.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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this rule does not apply in your case because tenancy has been renewed after every 11 months. it renders that enjoyment of interest of the property is not uninterrupted. 

you can give an eviction notice on the ground that tenancy will no longer be renewed. 
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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As per law tenant can not claim any right over the property, as you renew the agreement with him after every 11 month hence no need to worry, tenant can not do any act against you or your property.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
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130 Consultations
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1. You have misunderstood the law. The 12 year rule comes into play only in case of adverse possession, whereas a tenant who has been inducted in pursuance of a rent agreement cannot take the benefit of this.

2. If the tenant stops paying the rent then you may file a suit for his eviction. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Only in cases where there is adverse possession, 12 years period is taken into consideration. In your case it is clearly permissive possession, by way of a rental agreement renewed by you every 11 months.
If you do not have any issues with the present tenant, then there is no need to cancel this and ask him to vacate. Needless to say these days you might not find a better tenant. He has not caused you any harm till now nor in the future. 
Make sure that he understands he is just a tenant under you and that if the need arises you can have him evicted during the subsistence of the agreement.
Kiran N. Murthy
Advocate, Bangalore
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51 Consultations
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1. No. There is no law which stipulates tat tenant can claim the rigt of the property after 12 years,

2. If some one stays in a property for more than 12 years against the expressed wish of its owner and no judicial intervention is sought, then the occupier is treated as owner of the said occupied property due to adverse possession. In your case the occupation  is not adverse possession but as per leave and license agreement,

3. Do not call him Tenant. He is  the licensee only as per the leave and license agreement executed by and between you. Normally, a gap of 1 month is given for executing the next leave and license agreement to break the continuity,

4. Th safe guard your interest, execute the next leave and license agreement afresh giving a gap of 2 months after its expiry allowing the licensee to stay there in for the said two months without any agreement and paying the license fee in cash. This agreement will be a fresh agreement and not a renewal of the earlier agreements.
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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Should I ask the tenant to vacate my flat after 11 years as I have heard that a tenant can claim rights to the property after 12 years of stay? I sign a 11 month agreement with the tenant which is renewed every year.

There is no such thing in law that the tenant can claim rights in the property after having lived in that articular property for more number of years.   Once a tenant is always a tenant.
However if you want to vacate the tenant, yo may not renew the agreement in future and can inform him to vacate after the expiration if this agreement period.







Lets say, after the duration of 12 years(lease being renewed every 11 months and the tenant paying rent regularly) if the tenant turns malicious can he claim rights to the property?

He cannot claim rights in the property but he can claim tenancy rights if you are trying to evict him without observing due process of law. 







If so, how can I safeguard my interests as a Landlord? I would want to continue with the same tenant but would not want to put myself in a difficult situation as I stay far away from my property and do not want to be taken advantage of. My flat is located in Panchkula, Haryana.

There is nothing wrong in asking your tenant to vacate the property for your own reasons, the tenat should not be harassed for vacating the property unduly which may erupt into a legal war thereafter.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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