COVID 19 has made moving from one place to another a little difficult. Those who live in rented accommodations are having a hard time finding a new place considering the lockdowns and unavailability of many services. So if you are someone in this situation and are wondering how long can a tenant stay after lease expires, I am going to answer that for you. Ideally, the tenants have to vacate the property as soon as the lease expires. If you are planning to stay a little longer or renew the contract, you have to ask and discuss the possibilities with the landlord beforehand. The discussions are usually conducted a month or two prior to the expiration of the lease.If the tenants refuse to leave the property premises, the landlord has the rights to take following actions:
Like every tenant is eager to find a good property to live in, every landlord wants to get a good tenant for their rental property. They expect tenants to vacate the property after the lease expires but sometimes, the tenant refuses to do that. Now, the question that comes is “how long can a tenant stay after the lease expires?” Read below to know the answer to your query!How Long Can A Tenant Stay After the Lease Expires IndiaIt is legal for a tenant to occupy or reside in the rental property till the period the agreement specifies or validates. For example, if the agreement’s tenure is specified as 11 months, then 11 months it is then! Staying beyond this time period needs permission from the landlord.Now you know how long can a tenant stay after the lease expires.If the tenant refuses to leave even after the lease period ends, then the landlord can reach out to the Civil Court under whose jurisdiction the property is situated. You may seek the tenant’s eviction but you’ll have to abide by the Court’s decision, whether or not it’s in your favor. In case, if either landlord or tenant is not happy with the decision of the Civil Court, then they can approach the High Court of the state.I hope you have an understanding regarding “can a tenant stay after lease ends and what to do if he does not vacate the property”What a Landlord Should Not Do After Tenancy Agreement Expires:The one thing a landlord should not do is go for strongarm tactics. It is not legal to vacate the tenant through the use of force. This is why it is not recommended to turn off utilities, such as water or electricity connections to compel the tenant to vacate the house.Now you know what not to do regarding tenant staying after lease expires.Some Grounds for Tenant Eviction:
Not vacating the rental property even after the term’s completion.
Damaging the rental property.
Misuse of the rental property.
Selling the rented or part of the property without the landlord’s know-how.
Non-payment of rent.
Deliberate violation of clauses specified in the rental agreement.
Conducting criminal/illegal activities on the rental property.
What is the process for eviction after lease expires?
The rent agreement is the most important document. Because it provides the rules and conditions of the lease and defines the legal relationship between an owner and a renter. An eviction term that can be used in the event of a dispute must be included in the agreement. It is only permissible to evict a tenant when the lease expires or when the landlord terminates the lease by giving an official letter in relation to Section 106 of the Transfer of Property Act, 1882. If the tenant refuses to leave, the landlord will need to file a lawsuit and obtain a court order.
What to do if the tenant not leaving after lease ends?
You can submit an eviction lawsuit if tenant stays after lease expires. The tenant has the choice of refusing to vacate the rental property and contesting the eviction upon receiving a court-issued eviction order. In this situation, the landlord may hire a real estate attorney to represent them in a case to evict the tenant.This is the process to evict tenant after lease expires.Read More:What are tenant rights in India?What if your rental agreement is expired?
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The sole purpose of a lease agreement is to grant permission to a tenant to live in a property that they do not own. So what happens if the lease expires? What would be expired lease tenant rights? As far as I know, the tenant is automatically required to vacate the property once the document expires. I will explain to you as much as I know about this.
What are Tenant Rights After Lease Expires?
In the absence of a rental agreement, your landlord may request that you leave by giving you an eviction notice that must be served within 30 days or in accordance with tenancy regulations.
The rental agreement is regarded as a legally binding contract in the event that you and your landlord have disagreements, even though you may have receipts.
If your rental agreement has expired, the landlord may raise the rent at any time in accordance with the Rent Control Act.
In the event that there is no rental agreement, a renter may move to another property.
If you do not have a rental agreement, you are not eligible to claim HRA for tax exemption.
What Happens if a Tenant Refuses to Leave After Lease Expires?
In this situation, you will need to serve the renter with a notice of eviction along with a polite request to leave. You can obtain eviction orders from the court or contact the local police station if they refuse to leave.
The easiest approach for the landlord to get rid of a tenant is to give them at least 15 days' notice to leave the property if the lease isn't renewed. Usually, both the landlord and the tenant must agree in order to renew an expired rent agreement or extend the lease.
These are expired lease tenant rights. I hope this answer was helpful to you.
Draft Your Rent Agreement and Get Doorstep Delivery For It With NoBroker Rent Agreement Services.Read More:What Happens When 99 Year Lease Expires in India?
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How Long can a Tenant Stay After the Lease Expires?
Shaswat
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June 10, 2021
2021-06-10T14:18:58+00:00 2024-04-19T15:43:51+00:00Comment
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