Here is What You Should If Your Tenant Become Landlord of Your Property
Sep 20, 2017 Legal Guidance
A Majority of Landlords prefers those tenants who are genuine and honest, willing to pay high rent. However, sometimes the assessment goes wrong and landlord lands in some difficult situations. Recently we have heard many cases where the tenant has sold the property and the landlord did not have any knowledge about the same.
To avoid such circumstances the Rent Control Act was framed for protecting the interest of landlords so that instances of property grabbing and another misuse of the property don’t take place. Rent Control Act can become time consuming due to many reasons like the absence of any party on the final day of judgment, tenants stiffness in shifting out, etc.
Rental agreement to your rescue
The rental agreement is a piece of legal document duly signed by both the parties which protect the interest of both. Rental agreement must clearly state the ownership of the property, the period of contract, terms and condition of use of the house, security deposit and reimbursement clauses.
The right agreement:
The most commonly used agreements are the Leave and License agreement because of the below mentioned reasons:
In Leave and License agreement no transfer of interest is possible.
It cannot be inherited or transferred in favor of any third party.
The agreement can be dissolved in case the owner wants or the lessee has died.
The agreement does not give the authorization to alter or construct unless mentioned.
The contract has to be renewed in case the property is sold during the contract period.
So for the Landlord, Leave and License agreement is the right agreement compared to the Lease agreement.
Get the lease agreement registered
It is always advisable to register the lease agreement which will act as a weapon for defense for the Landlord. Once the agreement is registered it will be used as an evidence in a court of litigation. Under section 17 of the Registration Act 1908, it is mandatory to register the agreement if the lease period exceeds 11 months. The registration cost includes the stamp duty and the registration fees.
Get the police to verify
According to Section 188 of the Indian penal code, it is mandatory to have the Police verification of your tenant failing which is a punishable offense. Police verification needs you to submit basic information about tenant and the background check is conducted by the Police.
Make sure you are all prepared with all these aspects to avoid future harassment.
To avoid such circumstances the Rent Control Act was framed for protecting the interest of landlords so that instances of property grabbing and another misuse of the property don’t take place. Rent Control Act can become time consuming due to many reasons like the absence of any party on the final day of judgment, tenants stiffness in shifting out, etc.
Rental agreement to your rescue
The rental agreement is a piece of legal document duly signed by both the parties which protect the interest of both. Rental agreement must clearly state the ownership of the property, the period of contract, terms and condition of use of the house, security deposit and reimbursement clauses.
The right agreement:
The most commonly used agreements are the Leave and License agreement because of the below mentioned reasons:
In Leave and License agreement no transfer of interest is possible.
It cannot be inherited or transferred in favor of any third party.
The agreement can be dissolved in case the owner wants or the lessee has died.
The agreement does not give the authorization to alter or construct unless mentioned.
The contract has to be renewed in case the property is sold during the contract period.
So for the Landlord, Leave and License agreement is the right agreement compared to the Lease agreement.
Get the lease agreement registered
It is always advisable to register the lease agreement which will act as a weapon for defense for the Landlord. Once the agreement is registered it will be used as an evidence in a court of litigation. Under section 17 of the Registration Act 1908, it is mandatory to register the agreement if the lease period exceeds 11 months. The registration cost includes the stamp duty and the registration fees.
Get the police to verify
According to Section 188 of the Indian penal code, it is mandatory to have the Police verification of your tenant failing which is a punishable offense. Police verification needs you to submit basic information about tenant and the background check is conducted by the Police.
Make sure you are all prepared with all these aspects to avoid future harassment.
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