1) in Maharashtra it is mandatory to register leave and licence agreement
2) you can renew agree for period of 33 months or so
3) don't renew it for 11months or so
Tenant since 7 yrs.
I've a 2BHK apartment in Pune, Maharashtra but I've rented only 1BHK (I'm using the second bedroom as storage space for my furniture/misc items). The said apartment is on rent since December 2009 to the Same tenant. I pay the Property Tax and any maintenance needed for my apartment. Rent is on time all this period. I've aggrement with him but it is not registered one, made on Rs.500 stamp paper duly notarized. Also, since I live out of India it is renewed only when I visit India in 2-3years. Also, now the tenant is asking for the second bedroom that I'm using as storage. So, if I renew the agreement this time (for 5 yrs ) it will be for 2BHK. Is it safe to do so as he has been renting my place for so long, OR should I renew for 11 months every year. We both are in good terms and are willing to continue the Landlord and Tenant relationship. But, I fear if it is Safe to do so. - If you suggest that it is safe to continue him as a tenant should I renew the agreement for 5 years (Dec 2016 to dec 2021), what steps should I follow to ensure he can NEVER put a legal claim of Ownership or anything on my apartment after staying there for 7+yrs or 12+ yrs or any other legal obstacles in the event of me selling the apartment or changing the tenant (asking him to leave either now or after 5 years). - Should I register the 5 year agreement or the notarized version will be sufficient, to ensure the tenant can never file for ownership claim. - What steps should I follow if you recommend to renew the agreement for 11 months every year. Please advice. Thank
Asked 7 years ago in Property Law
Religion: Hindu
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3 Answers
Also, now the tenant is asking for the second bedroom that I'm using as storage. So, if I renew the agreement this time (for 5 yrs ) it will be for 2BHK. Is it safe to do so as he has been renting my place for so long, OR should I renew for 11 months every year.
In Maharashtra State the rental agreement or lease agreement or leave and license agreement are to be compulsorily registered n for 11 months period or else the same is not valid in law.
Giving away the entire flat or sub-letting it will be a decision made as per your prevailing situation and your needs.
Since the earlier agreement was not registered it cannot b renewed now at least for registration purpose, hence you better get an agreement prepared and registered which can be renewed on expiration of its present term.
We both are in good terms and are willing to continue the Landlord and Tenant relationship. But, I fear if it is Safe to do so.
Registered rental agreement may provide you a safe passage to overcome your fears
If you suggest that it is safe to continue him as a tenant should I renew the agreement for 5 years (Dec 2016 to dec 2021), what steps should I follow to ensure he can NEVER put a legal claim of Ownership or anything on my apartment after staying there for 7+yrs or 12+ yrs or any other legal obstacles in the event of me selling the apartment or changing the tenant (asking him to leave either now or after 5 years).
You can draft a rental agreement with carefully chosen words that favor your situation suiting the circumstances as well as your plans.
Take the help of an experienced advocate to draft the rental/lease agreement that will protect your interests.
Should I register the 5 year agreement or the notarized version will be sufficient, to ensure the tenant can never file for ownership claim.
Registration of the document for rental/lease agreement would give legal validity to it.
1. If you want to lease out the second bedroom also to him then a fresh leave and license deed should be executed with him as the existing rent agreement is only in respect of 1 BHK.
2. Instead of opting for a relatively long lease of 5 years it is always desirable to induct the tenant as a contractual tenant for 11 months and then renew it every 11 months.
3. The leave and license deed should be registered,
