Legal Question in Landlord & Tenant Law in India

I had rented my house to a tenant and his family. At the time of renting, we executed a rental agreement for a period of 11 months. However, after the first 11 months, we mutually agreed not to renew the agreement as he promised to vacate the house whenever I asked him to. So, he continued to stay at the premises for 11 years. Two years ago, I asked my tenant to vacate the house as I wanted to move with my family to the house. However, the tenant gave some excuse or the other and kept postponing his move-out date. Finally, after lot of insistence, he vacated the house 2 years after me asking him.

Since he was staying in the house for so long, I was expecting to some damages in the house and indeed, I found some significant repair work has to be done. As per the rental agreement, the damages caused to the property during his stay would be deducted from the security deposit, and the remaining balance will be paid to him. I reminded the same to the tenant, however, he is demanding that I repay the entire security deposit he originally paid. He is also threatening to get a stay order on my property which will prevent me from performing any renovation work on the house. My question is whether he can execute such a stay order against me when there is no valid rental agreement between us. Please advise.


Asked on 3/02/14, 9:09 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

03.03.2014

Dear Sir / Madam,

Non renewal of lease agreements does not imply automatic renewal thereof. There are several High Court and Supreme Court rulings that the tenant has no right to occupy the premises after an eviction order has been issued to the tenant. Since the possession of the house is already with you, the tenant cannot invoke a stay on your house.

Regards,

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Answered on 3/03/14, 8:02 am


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