Can a tenant claim your house? Learn about the new rules.
Adverse Possession Rules: If a tenant lives in a house for a long time, can they claim the house? Learn about the rules.
A large number of people across the country live in rented houses. Therefore, the question of whether a tenant can claim ownership of the house often arises. This question continues to trouble landlords.
Tenants generally have only the right to live in it. Becoming the owner of the property is a different matter. Ownership is granted only when the house is legally purchased and the registration is complete. However, under certain circumstances, the rule of adverse possession may apply.
This law applies in cases where a person has been in open and uninterrupted possession for a long period of time. It does not apply to every tenant, but only in situations where the possession continues due to the owner's negligence and infrequent visits.
A continuous period of 12 years is required to file a claim under adverse possession. During this period, the tenant must live in the house alone, without any shared control, as if they were the actual owner. The landlord must not interfere in any way.
This claim can only be made while renting if the rental agreement has expired or the landlord has not fulfilled its conditions. This means that the possession must have occurred without the owner's permission. The tenant must prove that they have been using the house as their own property and that the owner has not been present for a long period.
In certain situations, the tenant cannot claim ownership under any circumstances. For example, if the owner is serving in the military, is a minor, or is mentally unstable, adverse possession does not apply. In these situations, the law specifically protects the owner's interests and does not recognize possession as a valid claim.
In 2012, the Supreme Court issued an important directive to strike a balance between tenants and landlords. If the tenant is willing to pay market rate rent and accept a 10 percent increase every three years, he can live peacefully for at least five years.

