Arunav Choudhury
in Property Law
Asked September 09, 2017

Rights of the tenants after 3 years of tenancy

  • 1 Answer
  • 739 Views

I have let out my house (1340 sq.ft) on rent for the last two years. I wanted to know whether I should renew my contract with the same tenant. Does tenancy rights get stronger if a tenant stays in my property for 3 years. Will it be difficult to evict the tenant in case of stay for three years and more. Kindly advise

Answer 1

Tenancy can be either Contractual Tenancy or Statutory Tenancy, and this tenancy falls under the contractual tenancy. In a contractual tenancy where the tenant is in possession of the premises and has occupied the place, for a duration as specified in the terms of the contract. As we know one of the rights of the landlord is to evict the tenant. 

 

In your case, you had given your premises for a time period of 2 years and that time period has expired. In such situation you can either renew your contract with the same tenant or you can opt out. It always cause difficulty in eviction of tenants living in premises for years, as laws has been tougher on the landlords. 

 

But now laws exists under Rent Control Act which provides easy eviction favourable to landlords but only on specific grounds such as wilful default in rent payment, subletting without prior consent from the landlord, causing nuisance, breach of rental agreement, doing illegal activity in the premises, misuse of the property or when the landlord requires the premises for personal occupation. You need to file a petition before a competent Rent Control Court for eviction. However, you have to prove there exists contractual tenancy between you and the tenant under a registered rental agreement where registration is mandatory. 

 

In addition to this, you can include clause in the rental agreement regarding hike in rent, after the term of the tenancy comes to an end which will provide the overstaying of the tenant in the rented premises after the term expires. 

 

I hope this responses you, please write to us again. Thank you.

Agree Comment 0 Agrees about 4 years ago

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