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Hello,

Section 52 of Indian Easement Act, 1882 defines License as under, “Where one person grants to another, or to a definite number of other persons, a right to do or continue to do, in or upon immovable property of the grantor, something which would, in the absence of such rights, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.”

When you decide to sublet your apartment, the first thing you need to do is check your rental or lease agreement. Most agreements will have a clause about subletting. Some expressly forbid it, while others say you can do it, but only with the landlord’s permission. So once you’ve made the decision to sublet your property, let your landlord know. Make sure you receive permission in writing (NOC) before taking further action. A verbal agreement may not protect you if issues develop in the future regarding your decision to sublease.

L & L Agreement is necessary to be registered under section 55(1) of Maharashtra Rent Control Act 1999. Section 55(2) places this responsibility clearly on the landlord. Section 55 further stipulates, in the absence of a written registered agreement, contention of the tenant about the terms and conditions on which the premises have been given either on leave and license or even let out shall prevail. Under Section 55(1), it is clear that only the agreement of tenancy or leave and license executed between the landlord and tenant or the landlord and the licensee is required registration.

Reference:

2021002320210041324

LAWAYZ-2023-642