• Shop agreement

I have bought the house of my brother in laws and it has shops and residential property. The shop tenant haven’t vacated. He is leasing the shop for more than 11 years now. We know him for years so I am planning to enter into a fresh shop rental agreement with the tenant. But everyone advising not to has he is been renting the shops for many years so he got the right to claim the property. Is this true? What kind of risk I may face in entering into an agreement with him?
What kind of clause in the agreement can protect me from him claiming any rights using his previous tenure with previous landlord
Asked 5 months ago in Property Law
Religion: Hindu

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8 Answers

No tenant has bettetr right than the landlord.

Since you are the owner now you alone have right to induct tenancy and i the existing tenant agrees for this it is the best solution to deal with the tenancy.

No special or separate clause is necessary for this. 

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

Once a tenant always a tenant 

 

tenant cannot claim ownership rights on property 

 

you can as matter of abundant caution ask him to deliver vacant possession of shop and then enter into fresh agreement after gap of a month or so 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

Bogus. Tenant never acquire any claim on rented property.

No risk, better execute fresh agreement for limited period. 

Can contact for agreement drafting. 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

- As per Delhi High Court, Once a Tenant, always a Tenant ,unless the situation changes by contract or by law.

- Hence, being the legal owner of the said shop , you have right to enter into a afresh rental agreement and also to vacate him legally. 

- You can give a notice to him to attorn you the landlord of the shop and to pay the rental amount to you. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

A tenant is tent always and forever. He cannot set any claim against true owner. You can enter into  agreement him the  tenant. Execute agreement  for one year with clause to renew the  agreement  after one year with enhancement of rent at the  option of landlord  and tenant. The  agreement  has to be registered as per amended provision of Registration Act in AP/Telangana even if the  agreement  is for one month. You can extend the  agreement after every one year or you can terminate the  tenancy at your wish after the  end any one year. The  agreement  should be carefully drafted.

Ravi Shinde
Advocate, Hyderabad
4267 Answers
42 Consultations

Once a tenant  is always a tenant, he cannot claim the ownership of the property for any reason.

You may first issue a legal notice to him communicating the information that the ownership has change and also the oral lease agreement also expired long ago, however if he wants to continue the tenancy he can enter into  a fresh lease agreement or to vacate and deliver vacant possession.

If he fails to comply with the demands made you may resort to legal action as per law

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Dear Client,

Tenants do not acquire ownership rights over rented property merely by virtue of long-term occupancy. However, they do acquire some rights under your states’ rent control act. The tenant may claim rights under rent control laws, making it difficult to evict them or increase rent. To mitigate risks and protect your interests, you can explicitly state some conditions in the agreement such as conditions regarding fresh agreement and duration of the agreement and terms of renewal. Include clear grounds for termination of the lease by both parties. Ensure the agreement clearly establishes the terms of the new tenancy and includes provisions that protect your interests. It's advisable to consult with a legal expert specializing in property law to draft the rental agreement and ensure compliance with local laws. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

Dear Sir 

I could discuss your case in detail if I  had known more information about your case . But due to limitations, i would request you to contact me personally on phone or at my office for detailed consultation if any required..

Thank you. Warm regards

- Adv Harshita Shah

 

Harshita Shah
Advocate, Bangalore
29 Answers

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