Skip to main content

House Renting Guide: Important Things to Check Before Finalizing a Rental Home

Post a Comment

Landlords, Be Cautious: Know How Many Years It Takes for a Tenant to Become the Owner

Nowadays, people rent out houses, shops, or offices to earn extra income. However, many landlords are unaware that, under certain conditions, a tenant can claim ownership of the property. According to Indian law, if a tenant remains in possession of a property for 12 years without the landlord’s intervention, they may claim ownership. Therefore, landlords must be aware of legal provisions and take necessary precautions.

General Rules for Renting

  1. Rental Agreement: There should be a written rental agreement between the landlord and the tenant, specifying rent, payment method, duration, maintenance responsibilities, etc.
  2. Right to Use Property: The tenant has the right to use the property but does not become its owner.
  3. Rent Hike: The landlord can increase the rent periodically, but it must comply with state regulations.
  4. Eviction Rules: If a landlord wants to evict a tenant, they must follow the legal process.

How Can a Tenant Become the Owner? (Under Indian Law)

As per Indian law, if a tenant occupies a property for an extended period without the landlord attempting to evict them, they may claim ownership. This is known as "Adverse Possession."

Adverse Possession Rules:

  1. If a person occupies a property for 12 consecutive years without legal rights and the landlord does not take action, they can claim ownership.
  2. The claimant must have used the property openly and without interference.
  3. This rule applies to private properties, while for government-owned properties, the period is 30 years.

How Can Landlords Protect Themselves?

1. Create a Written Agreement

Before renting out a property, draft a legal agreement on stamped paper specifying the rental period, rent amount, and eviction terms.

2. Background Check on Tenants

Conduct a police verification and check the tenant’s past records before renting out your property.

3. Timely Rent Collection and Documentation

Always issue rent receipts and accept payments via bank transfer to avoid future disputes.

4. Regular Property Inspections

Inspect the property periodically to ensure that the tenant has not made unauthorized modifications or taken illegal possession.

5. Seek Legal Assistance

If a tenant fails to pay rent or refuses to vacate after the agreement ends, take legal action as soon as possible.

Legal Disputes in Tenancy (Resolutions)

If disputes arise between landlords and tenants, they can be resolved in court. In such cases:

  • Some states have a Rent Control Act, which defines the rights of both landlords and tenants.
  • If a tenant refuses to vacate, the landlord can file an eviction lawsuit.
  • The landlord must prove property ownership and show that the tenant’s occupancy has become unlawful.

Conclusion

Renting out property is a great way to earn income, but it comes with legal risks. Landlords must create well-drafted rental agreements, conduct regular inspections, and follow legal procedures. Failure to take proper precautions could allow a tenant to claim ownership after 12 years. Therefore, always stay alert and take appropriate steps to safeguard your property.

Comments

Post a Comment

Popular posts from this blog

Muneeb Shafi: The Young Author Making Waves in Literature

Muneeb Shafi, a rising literary talent from South Kashmir's Shopian district, is making headlines for his remarkable achievements at a remarkably young age. Despite being an undergraduate student at Guru Kashi University in Talwandi, Punjab, Muneeb has penned numerous books, novels, articles, and pamphlets, showcasing a rare literary prowess. Not confined to writing alone, he is also a proficient calligrapher, adding another dimension to his artistic abilities. The young author's contributions to the literature field have been substantial and noteworthy. His notable work includes a book titled 'Journey from 10 to Nineteen,' focusing on the complexities of adolescence. This book has garnered attention and acclaim, propelling Muneeb Shafi, also known as 'Munna Michael,' into the limelight. Born on July 15, 2004, in Shopian, Muneeb Shafi, at just 18 years old in 2022, displays a maturity and talent beyond his years. Standing at 162cm with a weight of 60kg, he prese...
Post a Comment
Read more

Avdhesh Rajawat: The Breakthrough Entrepreneur Revolutionizing Lives with Success Preneur

In today's fast-paced and ever-evolving digital world, the demand for individuals with strong digital skills and entrepreneurial mindset is skyrocketing. Avdhesh Rajawat, widely known as Avi, has emerged as a prominent figure in the realm of entrepreneurship and digital skill development. With his passion for empowering others, Avi has made a significant impact on the lives of over 300 individuals, helping them acquire essential digital skills and providing opportunities to earn money online. This article sheds light on Avi's journey, his work, and his commitment to fostering digital empowerment. Early Life and Education: Born in Sawai Madhopur, Avi hails from the vibrant city of Kota, Rajasthan. His educational journey began at Vidhyanjali Academy, a reputable CBSE school in Kota, where he completed his 12th grade. Avi's strong foundation in academics laid the groundwork for his future entrepreneurial endeavors. Entrepreneurial Journey: Avi began his entrepreneurial journe...
2 comments
Read more

Aman Shrivas: The Multi-talented Entrepreneur Changing Lives with Dream Mission

  Aman Ashok Shrivas, popularly known as amanshrbiz, is a sales expert, businessman, engineer, and content writer hailing from Nagpur, India. He is the founder and CEO of Dream Mission, an ed-tech organization aimed at helping people solve financial issues and build skills. Born on 22nd April 1995 in Waraseoni, Madhya Pradesh, Aman completed his bachelor’s and master’s degrees in engineering before embarking on his entrepreneurial journey at the age of 25. Despite facing numerous challenges due to his lack of entrepreneurial background, Aman’s unwavering desire to learn and grow helped him achieve success in just two years. He became a millionaire and established Dream Mission, which has since helped countless people overcome their financial challenges and find employment. Aman’s passion for writing led him to start a science blog called Uncover Reality, where he writes articles for renowned international researchers such as Gabriele Francolini, Ken Olum, Geriant Lewis, and Osmanov...
Post a Comment
Read more