Legal Question in Landlord & Tenant Law in India

About Renewal of my Rental Agreement

I had a rental agreement done with my owner for a period of an year for an amount of rs One lakh.Now iam in the second year of my stay in the same apartment but i have not got the renewal of the Agreement done b'cso the owner is kind of discouraging the same.I want to know the consequences if i do not renew the agreement for this year. Will there be any problem in getting back the deposit i have paid if and when i vacate the apartment.pls note iam having a receipt for each monthly rent i pay.


Asked on 10/11/04, 6:07 am

2 Answers from Attorneys

Vivek Mapara Mapara Law Firm

Re: About Renewal of my Rental Agreement

Dear Sir,

It is more cardinal to know when did the period of lease of one year got expired, and after that period how long u are into possession of the demised premises.

If your landlord accepts the rent from u after the expiry of period lease, he deems to have accepted you as a tenant on monthly basis (where agreement is not renewed by the landlord) and u can get the protection of rent legislation. But if not and the agreement is on stamps paper, then your deemed bound by the agreement and vacate the demised premises.

Furthermore about the deposit, recitials of the agreement has to perused for that purpose, whereif any forfeiture clause is mentioned therein or not. Else you are entitled tobe requited full amount of your deposit, in case landlord seeks for your eviction.

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Answered on 10/22/04, 1:50 am
Vivek Anand M/S.VIVEK ASSOCIATES

Re: About Renewal of my Rental Agreement

If you do not renew your agreement, then you will be considered as an illegal tenant. So, forthwith to establish your good intention, send a letter of request to your owner calling upon him to immediately sign the renewal agreement and send the letter by Regd.Post. Ack.Due. and also get the lapsed agreement vetted by a legal counsel to understand its contents.

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Answered on 10/18/04, 4:32 am


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