tenancy by holding over
2 weeks ago
A tenant continues to stay after expiry of the registered rent agreement. Keeps paying rent regularly for more than two years. Can he be evicted at a later date under Delhi rent control Act. Will there be any other complications, because original rent agreement has expired ?
A.Dear client, after the expiry of the registered rental agreement then the owner can ask the tenant to vacate the said place. If he is not willing to vacate then owner can file an eviction suit in the court.
As here the case of paying rent and living after the expiry of rent agreement it amounts to oral agreement. But an oral agreement is legally binding if the tenancy is for 11 months or less than one year and both parties agree to all the terms and conditions. However, a ora; agreement is not recognized by law if the tenancy is for more than one year. So, you can ask the tenant to vacate the place legally without any complications.
As here the case of paying rent and living after the expiry of rent agreement it amounts to oral agreement. But an oral agreement is legally binding if the tenancy is for 11 months or less than one year and both parties agree to all the terms and conditions. However, a ora; agreement is not recognized by law if the tenancy is for more than one year. So, you can ask the tenant to vacate the place legally without any complications.
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A.When the original rent agreement has expired but the tenant continues to stay there by paying the rent and if the rent is being accepted by the landlord then it is considered that there is an oral agreement in place.
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A.Dear Client,
Unless a rent agreement is renewed afresh on the expiry of a previous one, the relationship between tenant and landlord gets severed and unenforceable under the law. In the absence of a fresh agreement, the tenant is considered an unauthorized occupier of the let-out premises, even on payment of monthly rent. As a landlord, you can serve a legal notice to the tenant advising him to surrender the vacant possession of the let-out premises on the grounds of non-renewal of the rent agreement and for other valid purposes like renovation of the building. On refusal to abide by the said notice, you can either file an eviction suit against the tenant before the Civil Court or apply to the Rent Controller or Addl. Rent Controller under the Delhi Rent Control Act seeking appropriate relief in the matter. Reach out to an Advocate for guidance and steps.
Unless a rent agreement is renewed afresh on the expiry of a previous one, the relationship between tenant and landlord gets severed and unenforceable under the law. In the absence of a fresh agreement, the tenant is considered an unauthorized occupier of the let-out premises, even on payment of monthly rent. As a landlord, you can serve a legal notice to the tenant advising him to surrender the vacant possession of the let-out premises on the grounds of non-renewal of the rent agreement and for other valid purposes like renovation of the building. On refusal to abide by the said notice, you can either file an eviction suit against the tenant before the Civil Court or apply to the Rent Controller or Addl. Rent Controller under the Delhi Rent Control Act seeking appropriate relief in the matter. Reach out to an Advocate for guidance and steps.
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