Sale my rented position Sale my rented position

2 months ago

I am a tenant for almost 25years.Now I want to vacate my rented position to my landlord in exchange of money.Now what type of agreement will it be?Is it a sale agreement?

Anik

Responded 2 months ago

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A.Dear Client,

A tenant typically cannot claim ownership of the property from the landlord as the relationship between them is primarily governed by the terms outlined in the rent agreement. Any additional conditions imposed by the landlord, especially those that may seem to alter the ownership status, would generally be considered invalid and void.

Conditions in an agreement that compel a tenant to vacate the premises upon payment of a lump sum by the landlord, especially if such conditions go against the tenant's interests, may be viewed as executed under undue influence and duress, rendering them legally questionable.

If a tenant vacates and surrenders the rented premises, it is advisable to adhere to the terms of the tenancy agreement. Litigating against the landlord after vacating the premises could potentially lead to legal consequences and other forms of harassment. Therefore, tenants are generally encouraged to comply with the terms of the tenancy agreement, even if the tenancy continues for an extended period, to avoid any legal complications.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
A tenant cannot claim ownership of the property from the landlord because the relationship between a tenant and landlord is governed by the rent agreements. Any condition of an agreement or contract other than the original rent agreement putting a condition for vacating the let-out premises by the tenant on payment of lumpsum by the landlord that goes against the interest of the landlord shall be considered invalid and void being executed under undue influence and duress. After vacation and surrender of let out premises, if the landlord litigate the matter against the tenant before the Court, the tenant would face legal consequences apart from other harassment. So, being a tenant you need to abide by the terms of the tenancy agreement, even if the tenancy continues for 25 years to avoid all sorts of legal consequences.
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