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MSo, I have rented a commercial space to a diagnostic laboratory in Kalyan, Mumbai, for the past 9 years; the rent agreement is legally enforced by the local court.
I came across the law term “adverse possession” which states (correct me If I am wrong) that the tenant may claim ownership of the property.
Is there a way to keep the same tenant renting the space even after 10 years without the fear of the tenant legally claiming ownership of the property?
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AAdverse possession only works when the occupier without any consideration stays in uninterrupted possession.
Not applicable in your case. Time update the rent agreement to avoid any legal hassles.
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MSo we can continue with the same tenant without any threat to ownership? Does a tenant have any additional rights if they continue to rent a space after a set amount of time?
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AYou can continue as per T&c.
Tenants have rights as per the tenancy agreement. Timely collect rent and update the agreement.
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UYou do collect rent from them right? If so, adverse possession does not apply. It applies if they have been occupying the property and you do not assert your rights over the property such as collecting rent.
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MYes, we collect rent. So if we continue with the same tenant what legal rights do they have, apart from what’s mentioned in the legal agreement?
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UFrom what I know, that’s about it. Only thing is you cannot arbitrarily evict them i.e. without following procedure set in the agreement. My knowledge might be lacking as I haven’t done much property related cases.
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