Remedies Against Eviction of Tenant
REMEDIES AGAINST EVICTION IN INDIA
About 42% of the urban population of the world, which are roughly 150 million households, lives as tenants. The same holds true even in India where, due to exorbitant rates of property especially in the metro cities, a majority of people live as tenants. While living as a tenant can be really comfortable, there are times when once can face rental issues and other related problems like getting an unwarranted eviction notice. However, Indian Laws has several provisions that protect the rights of a tenant.
RIGHT TO PROTECTION AGAINST UNREASONABLE EVICTION:
Theright to be saved from eviction that is unwarranted and unreasonable is the most important right available to a tenant. Each State Rent Control Act has specific grounds based on which a landlord can evict a tenant. Eviction of a tenant on any ground other than the ones mentioned in the State Acts is not considered to be sufficient for eviction. Further, the said State Acts also give the tenant the right to protection in a case where the landlord forcefully evict the tenant for a reason not specified in the Act.
ENFORCEMENT OF RIGHT AGAINST EVICTION:
In a situation where the landlord tries to forcibly remove the tenant from the premises without serving an eviction notice, the tenant is entitled to file a case in the civil court and seek and order of injunction. An ORDER OF INJUNCTION stops the landlord from removing the tenant out of the premises without any ground mentioned in the relevant State Rent Control Act.
LANDLORD FILING CASE FOR EVICTION OF FALSE GROUNDS:
In numerous cases, it is seen that the landlord may file a notice of eviction on false grounds. For example, the landlord may evade the receipt of rent for a month and then use the same fact of wilfully failing to pay rent as a ground to evict the tenant. However, in such cases also, the Rent Control Act can provide remedy to the tenant.
REMEDY AGAINST FALSE CASES:
The following steps can be taken for challenging the false eviction notice:
- The tenant should approach the Rent Controller giving her/his reasons.
- Once the tenant is summoned by the Court, s/he will be required to put forth her/his case with adequate evidence for support. The following points can come in handy while accumulation of evidence:
- Notice to Receive Rent: If the landlord fails to receive the rent deposited by the tenant, s/he should issue a notice in writing that asks the landlord to specify a bank for depositing the rent within ten days of receiving the notice. The notice should clearly mention the non-receipt of the rent on the part of the landlord and the option that one is exercising as a tenant. If the bank details are received within ten days, the tenant should deposit the rent as soon as possible.
- Money Order: If the landlord fails to reply to the above notice, the tenant must directly send the rent to the landlord via Money Order. The Money Order coupons should be kept safely as proof of payment of rent. In the landlord receives the Money Order, the tenant should continue the payment in the same mode.
- Petition in Court: in the landlord refuses to accept the Money Order as well, the tenant should file a petition before the appropriate court and get the court order to deposit future rents in the court.
WITHDRAWAL OF BASIC SUPPLIED BY LANDLORD:
The landlord may try to forcefully evict the tenant by withdrawing supply of essentials like electricity and water. In such a case, the Rent Control Act provides that the tenant can approach the court for relief and restoration of such basic amenities. The landlord would be obliged to restore the amenities and comply with the order, if granted.
WAYS TO AVOID EVICTION ORDERS:
In order to avoid such eviction orders:
- The tenant must be punctual in paying the rent;
- S/he should be dutiful towards the agreement;
- S/he should keep proof of all rent payments and other important documents and receipts.
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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