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Tenant not vacating no rental agreement

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Tenant not vacating no rental agreement

Last updated: May 4 2014
29 | Posts
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  • #21

    #21

    Re : Tenant not vacating no rental agreement

    yaar go to notary dealer
    wo apne ap bana denge set format me

    Comment

    • #22

      #22

      Re : Tenant not vacating no rental agreement

      please consider the clause that i have suggested.

      fadu idea hai, compounding rent increase, ka. saari problem ka aik solution ho sakta hai.

      in fact, i have never heard of such clause. but i still think that this can be a excellent solution.

      Comment

      • #23

        #23

        Re : Tenant not vacating no rental agreement

        Tenant wont sign it

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        • #24

          #24

          Re : Tenant not vacating no rental agreement

          Originally posted by parasscam View Post
          1) is registration necessary for 'rent agreement'?
          2) can owner add following clause in rent-agreement?
          "if tenant continue to be tenant of the property after expiry of this rent-agreement (of 11 months) without entering into a new rent-agreement than it would be presumed that the tenant agrees to increase rent by 25% EACH YEAR on PREVAILING RENT."

          I do not have knowledge to draft legal document. please redraft the language. in my opinion getting property vacated is tooooooo difficult. but it is easy to claim enhanced rent through court. on Ist date court would ask tenant to deposit enhanced rent in court till final judgement. rent as per this clause would come as:
          Ist year= 100; 2nd year = 125; 3rd year = 156.25 ; 4th year = 195.25; so on

          compounding increase in rent would force tenant to vacate home instead of fighting case.

          I do not have knowledge of law. this is my simple suggestion. comments please!!!!!!!!!!
          I think its good to keep such clause in agreement, so tenant will always try to have a fresh agreement.

          Can someone guide, will the above agreement remain effective even after 11 month or even after more time, because if the rent agreement is of more than 11 months then it has to be registered with court.

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          • #25

            #25

            Re : Tenant not vacating no rental agreement

            11 month agreement would automatically expire after 11 months. but if tenant stays after 11 months than as he already agreed for '25% rent increase on prevailing rent', tenant would be bound to pay increased rent. so, this clause would be effective even after lapse of 11 months.

            this is just my opinion.

            but the question is:
            1) whether this clause can be incorporated;
            2) is 25% rent increase clause legal;

            Comment

            • #26

              #26

              Re : Tenant not vacating no rental agreement

              Take help of local goons or police. that's the only quick way. If you go legally then you are wasting next 1-10years in solving this case and in the mean while he will just enjoy sitting there.

              In any case everything is under your name... so just kick him out with some force and put your own lock and have a security gaurd, to gaurd that property for the first few months.. so that he does not comes again to acquire.

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              • #27

                #27

                Re : Tenant not vacating no rental agreement

                Advice to use goons is counterproductive.
                Owner will loose both the house and his freedom.
                Tenant may be a more goonish charecter.IF Owner can hire goondas so can the tenant.
                Approach the employer of the tenant,use legal means and use good offices of society management to have him evicted.

                Comment

                • #28

                  #28

                  Re : Tenant not vacating no rental agreement

                  Originally posted by vaibav123 View Post
                  Advice to use goons is counterproductive.
                  Owner will loose both the house and his freedom.
                  Tenant may be a more goonish charecter.IF Owner can hire goondas so can the tenant.
                  Approach the employer of the tenant,use legal means and use good offices of society management to have him evicted.

                  I agree, above is the best option .

                  First try solving the issue by using the good offices of the society . If things don't work out, look for legal alternatives .

                  Also approaching the employer of a tenant works out in some cases . I have personal experience on this . First floor of one of the my South Delhi properties was rented out to a Senior Manger of MMTC ( in early 80's ) . He stayed on for about 10 years ( with renewed lease from time to time ), but then refused to vacate, when we wanted him to vacate, on expiry of the last lease . We then approached MMTC & came to know that this guy ( our tenant ) was on verge of retirement & since we had an the lease with MMTC, we collaborated with MMTC & they threatened their employee ( our tenant ) that all his retirement benefits would be stopped, if he doesn't vacate immediately . Certain political influences were also used in tandem & the Tenant finally relented & vacated our premises . We later learnt that the threat of the employer on stopping his retirement benefits worked for us, since the Tenant too was also very well politically connected .
                  Please read IREF rules | FAQ's

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                  • #29

                    #29

                    Re : Tenant not vacating no rental agreement

                    Sane advice.We must move out of show of strength approach.
                    Both parties can play this game.
                    We must live by laws and persuasion technique and also coexistence in friendly manner..

                    Comment

                    • #30

                      #30

                      Re : Tenant not vacating no rental agreement

                      Originally posted by parasscam View Post
                      1) is registration necessary for 'rent agreement'?
                      2) can owner add following clause in rent-agreement?
                      "if tenant continue to be tenant of the property after expiry of this rent-agreement(of 11 months) than it would be presumed that the tenant agrees to increase rent by 25% EACH YEAR on PREVAILING RENT."

                      I do not have knowledge to draft legal document. please redraft the language. in my opinion getting property vacated is tooooooo difficult. but it is easy to claim enhanced rent through court. on Ist date court would ask tenant to deposit enhanced rent in court till final judgement. rent as per this clause would come as:
                      Ist year= 100; 2nd year = 125; 3rd year = 156.25 ; 4th year = 195.25; so on

                      compounding increase in rent would force tenant to vacate home instead of fighting case.

                      I do not have knowledge of law. this is my simple suggestion. comments please!!!!!!!!!!
                      1. Yes registration is necessary for smooth proceedings in court of law and in its absence case may get delayed due to various reasons. Also don't make "Rent Agreement" Make "Leave and License Agreement". Nobody makes rent agreement now days. Always try to make Leave and License agreement for 11 months. Tenant holds NO rights, if "Leave and License Agreement" is registered and is for less then 12 months. This will also help you to give him 2 months notice if he refused to vacate premises and then by leave and license law he has to vacate the premises. This is how it works in Mumbai, I am not sure about your jurisdiction but law is similar across India. If "Leave and License Agreement" is for 12 months or more, tenant can stretch his stay for up to maximum 6 months by going through court of law but if there is clause of daily payment clause after expiry of "Leave and License Agreement" then he will not dare to do that or he will have to pay you that money.

                      2. Add following clause in the "Leave and License Agreement". This leave and license agreement was drafted by High Court Lawyer.

                      The LICENSEE undertakes to move out of the said premises on the expiry of this agreement. In case the LICENSEE does not vacate the said premises on the expiry of this agreement, they shall be liable to pay compensation of Rs. 2,000 per day to the LICENSOR till such time that they have vacated the premises.
                      This clause is enough to give any tenant sleep less nights.
                      Last edited May 4 2014, 12:31 PM.

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