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Many times people give an empty room or the entire house of their house on rent to someone. Whenever a landlord rents out his property to someone, he fears that the tenant may take over his house after living there for a few years. It is said that if a tenant stays in a property for a long time, he can claim his rights on it and also take possession. You too must have seen similar issues around you many times.
In such a situation, the question arises whether these things are true. Is there really any rule that the tenant can claim the property after a few years or are these things wrong? Let us know today these important rules related to tenant and landlord. After knowing these, you can easily give your house on rent. If you are a tenant then you should also be aware of these rules.
What does the law say?
Knowing the law, it is said that if seen, no tenant can claim rights on anyone's property. The tenant has no rights on the owner's property. But, this does not mean that they cannot do this. Actually, it also depends on different circumstances. There are many circumstances in which a person living on rent can assert his rights over that property. 'According to the Transfer of Property Act, this does not happen in adverse possession. In this, the person who is in possession of the property is also entitled to sell it. This means that if someone has adverse possession of a property for 12 years, he can claim rights over that property.
What is adverse possession?
Let us understand with an example, suppose a person has given his property to a person to whom he lives and that person has been living there for more than 11 years, then that person has also acquired his right over that property. Have done. Can do. At the same time, if the landlord is making a rent agreement with the tenant from time to time, then he will not face any problem. In such a situation, no person will be able to take possession of the owner's property.
What to do?
Landlords who give their house on rent are advised to get the rent agreement done on time, if they do so then it will remain with you as a proof that you have given your property on rent to someone else. In such a situation, no tenant can be the owner of that property. According to the decision of the Supreme Court, under the Limitation Act 1963, the statutory period of limitation on private immovable property is 12 years and in case of government immovable property this period is 30 years. This period starts from the day of possession. Let us tell you that if a person has occupied immovable property for more than 12 years, then the law is also with that person.
Ways to get the tenant to vacate the house
If you feel that the tenant may take over your house or shop, then in such a situation you can use these methods to get him to vacate the house.
If the tenant does not pay the rent, his electricity and water connection should not be disconnected. In such a situation, he can take his connection personally.
Always get property documents made in your name. If this does not happen then the tenant may harass you.
You put pressure on the tenant to vacate the property. For this you can also take help of police.
Keep sending eviction notices to the tenant.
If he does not vacate the house even after receiving the notice, then you should file a petition in the civil court. After which you will legally get the right to vacate the house.
Under Section 103 of the Indian Constitution, if a tenant occupies your house, you can use force to evict him.