TENANT RELATED QUERY FOR MY RENTED FLAT
7 months ago
I Mr.Pradeep bought an apartment comprising of 5 flats in a locality in Kanchipuram district , Thiruporur , Chennai from an owner Mr.A in the year 2021 through proper sale deed registration .
There is a tenant Mr.B who has been staying in one of the flats since 2018 and a rental agreement was executed between the previous owner Mr.A and the tenant Mr.B in the year 2018 for a duration of 11 months.
After 2018 , the rental agreement wasn’t renewed with the previous owner however the tenant continued to pay rent to the previous owner.
When the ownership of the apartment was transferred to me in the year 2021 from Mr.A , I renewed the rental agreement with the tenant Mr.B in the year 2021 for 11 months and thereafter again with the same tenant Mr.B in the year 2022 for again 11 months and again in the year 2023 with Mr.B , the rental agreement was renewed for 11 months.
Now the present rental agreement with Mr.B is getting expired in Nov 23 and now I want to take possession of the flat by giving him 2 months’ notice to vacate which is being held by Mr.B .
Will the tenant pose problem to me stating that he will not vacate as he has been staying in the flat since 2018 ? Can he claim ownership of the flat by any chance?
Kindly clarify.
In India, tenant-landlord relationships are governed by various state-specific tenancy laws, and the rights and obligations of both parties can vary depending on the location. However, there are some general principles that apply to most tenancy situations.
Based on the information you provided, here are some key points to consider:
Rental Agreement: The rental agreement you renewed in 2021, 2022, and 2023 establishes the terms and conditions of the tenancy. As per these agreements, the tenant, Mr. B, is obligated to vacate the premises upon the expiration of the rental agreement, which is typically 11 months. The renewal of the agreement implies the continuation of the tenancy for the specified period.
Notice to Vacate: To regain possession of the flat legally, you should issue a notice to Mr. B as per the terms of the rental agreement. Generally, a notice period of 30 to 60 days is standard, but this can vary depending on local laws and the terms of your agreement. Ensure that you follow the notice period specified in the agreement.
Ownership Claims: Typically, a tenant cannot claim ownership of a property merely by residing in it. Ownership of property is established through legal documents such as sale deeds and property titles. If Mr. B does not vacate after receiving the notice, you may need to initiate eviction proceedings through the appropriate legal channels, such as the Rent Control Court or the appropriate civil court in your area.
Local Laws: It's crucial to consult with a legal expert or an attorney in your area who specializes in property and tenancy laws. They can provide advice specific to your location and help you navigate the legal process if eviction becomes necessary.
Documentation: Ensure that you have all the relevant documents, including the rental agreements, notices served, and any correspondence related to the tenancy, properly maintained as evidence in case legal action is required.
It's important to note that tenant rights and landlord obligations can vary from state to state in India, and there may be specific rent control laws in your area that impact the eviction process.
Thank you.
If there is a clause in the rent agreement specifying that both the parties can terminate the agreement by serving two months advance notice to each other, then being landowner you can serve a two-month advance notice to the tenant asking him to vacate the rented premises. If the tenant refuses to vacate on the expiry of the notice period, you need to file an eviction suit in the Civil Court for an order for the eviction of the errant tenant from the rented premises. Apart you can file an application before the concerned Rent Controller appointed under the State Rent Control Act for resolution in the matter. According to the law of adverse possession, if the occupier tenant continues to occupy a property for 12 years without any interruption from the owner, the title/ownership of the property on a claim is devolved upon the occupiers of the property on the grounds of adverse possession which is not applicable in your case. So, on or before the expiry of the notice period if the tenant raises any objection and does not hand over the vacant possession of the let-out premises, then reach out to an Advocate for serving a legal notice to the tenant and for filing an eviction suit against the tenant in the concerned Civil Court for an order for eviction or visit the office of Rent Controller for redressal of your grievance. If the situation so arises, reach out to an Advocate for guidance and steps.
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