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:
Evict the tenant
Send legal notice
However, note that if the tenant has paid the rent in advance and landlord accepts it, then that could be a problem for the property owner.
If you are planning to extend the lease with the landlord and want to opt for online rental agreement services, you can check out
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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.
This is all on “can tenant stay after lease expires”
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Read more:
What are the tenant rights in India?
What are the tenant rights after 50 years India?
What are the tenant rights after 20 years India?
What are the tenant rights after 10 years India?
I hope now you know how long can a tenant stay after the lease expires.
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Tenancy rules in India are generally favourable to renters and vary from state to state. But, there are numerous reasons for evicting a renter that is recognised by the majority of state laws. I have listed down detailed information about evicting a tenant when the lease expires. So keep reading to know how to evict tenant after lease expires.
Know about all the landlord rights and draft legitimate agreements with expert help from NoBroker Legal Service providers. Get instant rent agreement now. Check NoBroker Rent Agreement servicesThe 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.
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?Online Rent Agreement: Available in 150+ Cities in India
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3 Total Answers
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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