How to Evict a Tenant
Rental income is a good source of income for most people in India. However, an easy source of income can very easily turn into a very difficult problem for the homeowner, especially in cases where the tenant becomes a bully and refuses to adhere to the rules. Further, the long process of eviction of a tenant makes the entire ordeal even more cumbersome. Nevertheless, the current laws in India do make it possible for the homeowner to evict the tenant for genuine reasons.
The following is the complete procedure along with the grounds for eviction of a tenant.
Most State laws lay down the following reasons for eviction of a tenant:
- Non payment of the agreed rent amount for a period exceeding 15 days after the rent was due, and such non-payment was wilful;
- Sub-letting the house without the written consent of the owner;
- Using of premises for purposes other than what was agreed for and mentioned in the rental agreement;
- Commission of any act that results in loss of utility or value of the property;
- Use of the premises for any purpose that is considered to be illegal or immoral by law;
- Created nuisance in the neighbourhood and the neighbours have confirmed in writing that the further living of the tenant is objectionable to them;
- Occupation of another premises for more than four months in a different state or region;
- Denial of title of landlord.
Apart from the above stated reasons, the landlord can also seek eviction for the following bonafide reasons:
- The landlord needs the premises for her/his own occupation or for occupation of her/his family members.
- Genuine need of the property for performing certain repairs that cannot be performed unless the premises are cleared. The tenant will have the right to enter the premises once the repairs are done.
- The premises are to be demolished for construction of another building.
PROCESS OF EVICTION:
Rental laws are pro-tenants and it can usually take a long time for the actual eviction of the tenant. The following are steps in mind that one needs to follow to initiate the process of eviction.
HIRING A LAWYER:
Consulting a good lawyer will help the landlord understand the entire process of eviction with more clarity. A lawyer will able to guide the landlord step by step.
FILING & NOTICE:
In most cases, a suit for eviction will have to be filed with an appropriate civil court of jurisdiction. Once the suit has been filed, the tenant will be notified by the court.
After receiving a notice from the Court, the tenant would usually leave the premises on their own without causing any problems. In order to complete the procedure, the tenant would contest the notice, after which the landlord would have to wait for the court to hear their case. Depending on the evidence provided by the landlord and the arguments presented by the tenant, an eviction may be granted.
The most common way of avoiding a lengthy and problematic process of eviction at a later stage is to draft the rental agreement for a period of 11 months with the option of renewal. Drafting an agreement for less than a year protects the landlord from the cumbersome process of eviction.
These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.
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