I am planning to buy a flat in Hyderabad. It has a tenant in it. The flat was constructed about five years ago. The tenant has requested me to let him stay in the flat for a few more months so that he could buy alternative property. Could you please let me know if it is advisable to let him stay. Is there a fool proof way of ensuring that he does not start claiming right to stay indefinitely, etc there. If you were in my shoes, would you let him stay assuming the tenant is willing to sign on dotted lines before you buy.
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1.it is not advisable to allowhimto stay in the proeprty for a singleday.
2.SInce the proeprty is getting change of hands this is the best opportunity to put pressure upon the tenant to quit and vacate.
3.if ti does not then you will have to file a suit for eviction which is both time and cost consuming.
Hi, it is advisable to buy a vacant flat from the owner .. The tenant can create a legal trouble if he wants to.. If you want to be on a safer side , tell owner to vacant the flat before entering into a contract
Ask the tenant to vacate the premises
2) in the alternative postpone your purchase by few months till tenant is in position to vacate the premises
3) in alternative ask tenant to enter into leave and licence agreement with you for period of few months
4) register your leave and licence agreement
Thanks to all. It appears to me that best to buy the flat after the tenant has vacated. Is it OK if I give the owner some small money (say 50K) and sign an agreement to sale. Write in the agreement to sale that he should get the property vacated within two months. I will register the property and make the rest of the payment after the tenant is gone and not before that.
Yes,you're spot on.
You can pay him seller some advance and enter into agreement for sale
2) enter into registered sale deed when tenant vacates the premises
Yes, it is not advisable that you buy a flat with a tenant in it already. Yes, with the payment of the token amount, you may get the Agreement to sale executed, defining a timeline within which the seller will get the flat vacated so that it's clear ownership and possession be handed over to you .
Yes , you can proceed in such a way
If a tenant occupied the property at the time of its sale then you can make and Temporary agreement with the tenant as per the terms of leave and licence agreement to carry on possession over the property for stipulated period of time. so in this scenario you can make a temporary agreement with the tenant and allow him to reside here for some months. according to law of Tenancy if landlord sells his property then the tenant has right to approach the prospect landlord to carry on the tenancy agreement.
You can make an agreement to sale with the seller that you are agree to purchase this property but in the stipulated time period he has to evict the tenant. this agreement is legal and valid as per the section 54 of the Transfer of Property Act. after eviction of the tenant seller will be entitled to complete the sale agreement to execute a sale deed on payment of consideration.It would be safe for you to make agreement to sale on the condition that seller should evict the tenant there after complete sale proceeding.
A rental/lease agreement is a contract, usually written, between the owner of a property and a renter who desires to have temporary possession of the property as distinguished from a lease which is more typically for a fixed term. But actual ownership does not change here. Once the Lease / Rental / Notice period is over then the agreement stands expired and it lead to illegal stay by the tenant ( if tenant still stay in the property ) .
It is unnecessary to predict that the current tenant would start claiming right to stay indefinitely ( as tenant is staying 5 years) .. etc, as you worry.
But anyhow, You can act based on the situation.
In my opinion it appears you are inviting trouble.
If you trust him then enter into a rental agreement with him on this.
You may enter into a fresh rent agreement with the tenant and then you may purchase the land.
Please check the title of the land and get a non-encumbrance certificate. I would have purchased the property by entering into a fresh agreement with the tenant. Take care that such agreement is drafted carefully.
Regards
