Legal Question in Landlord & Tenant Law in India

Tenant's rights over a lease agreement
I want to lease the ground floor of the commercial 3-storey building that I have in a town of Kerala.The two other storeys are occupied by banks.

The local company that is asking the ground floor has a reputation of accquiring the buildings that they rent in the past.They are giving me good rent and deposit and I would like to give them the Ground Floor.Their condition is that they need the premises for ten years.They are ok with registering the agreement.Is this safe or should I make 11 month agreements for the 10 years?

Is it safe to rent the premises for such a long period?I heard that the agreement has no much value when it comes to issues with the tenant and that the Rental Act is what the decision is based on?Is this true?How could I safeguard my building?Please advise.My agreement is really strong as I have consulted an attorney for preparing it but I am still worried as people say that the tenant ends up accquiring the building eventually.

Thanks for your time.

Asked on 11/27/07, 2:45 pm

5 Answers from Attorneys

vimal shanthilal Vimal Law Associates

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Re: Tenant's rights over a lease agreement

you may lease the premesis however on registration of the lease agreement.

Under the Rent act the grounds of eviction are on standard grounds however for any grounds other that the rent act you may have to approach a civil court and not the rent controler and wherein you may require to issue certain statutory notice prior to seeking eviction. Please clarify with you Advocate.

Answered on 11/29/07, 12:23 am

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muhamed mustaque mk associates

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Re: Tenant's rights over a lease agreement

There is no law as such in kerala enabling tenant to acquire building.Whether you execute agreement for 1 year or 10 year you can evict tenant only in accordance with kerala building lease and rent control Act.Nothing wrong with parting buidling for a long period as of now there is no law preventing you to get back tenanted premises as per Rent control Act.However you should safe guard your interst for periodical enhancement of rent.

Answered on 11/27/07, 8:40 pm

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Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: Tenant's rights over a lease agreement

11 months agreement means you are giving the premises on leave & licence basis. Normally a company takes the premises on long term basis.

I have recently won three cases in which tenant was acquiring the premises for 15 to 35 years in favour of landlord in mumbai. So you need not fear if your agreement is stong and you have documentary proofs about your ownership.

Answered on 11/27/07, 9:19 pm

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Re: Tenant's rights over a lease agreement

It is advised to give the premises on rent initially for three months extendable for further period of three years on your written consent and insuch sitaution you will be in a position to judge their position.Registration of agreement is safe as it removes all doubts and ambiguities in respect of execution of agreement and the intention of parties.It is safe.Other doubts are baseless.In case of need contact with details.Professional charges are applicable.

Answered on 11/27/07, 10:32 pm

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