Adverse Possession Rules: If a tenant lives in a house for a long time, can he or she claim the house? Find out the rules for this.
A large number of people across the country live in rented homes. Therefore, the question of whether a tenant can claim ownership of the home often arises. This question continues to trouble landlords.
Generally, a tenant only has the right to reside. Becoming the owner of the property is a different matter. Ownership is granted only when the home is legally purchased and the registration is complete. However, under certain circumstances, the law of adverse possession may apply.
This law applies to cases where someone 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 occupation 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 reside in the home 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 met the conditions. This means that the occupation must have occurred without the landlord’s permission. The tenant must prove that they have been using the home as their own property and that the landlord has not been present for a significant period of time.
In certain situations, a 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. The law specifically protects the owner’s interests in these situations and does not recognize possession as a valid claim.
In 2012, the Supreme Court issued a crucial directive to strike a balance between tenants and landlords. If a tenant agrees to pay market-rate rent and accept a 10 percent increase every three years, they can live peacefully for at least five years.
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