Procedure to evict tenants on grounds of misbehaviour

525 votes

hi

agar aapke sath koi kiraydar misbehaviour karta hai to aap uske khilaf polish mai report kara sakte ho chahe aapka agreement ho ya nahi

ye hak nahi aapke kirayedar ke wo aapko be wajha preshan kare

Advocate Sandeep Kadian LawRato

647 votes

Where is your property and for how long your tenant has occupancy, is it residential or commercial? What is the rent of the property? Is it covers DRC ACT? There is no provision in law to evict the property on the ground of misbehaviour but we can creat any other reason the motive is to get the vacant possession.

LawRato LawRato

728 votes

There are state laws governing tenancy, so if you can clarify which state is the tenanted property in question located in, the answer to your query could be more precise.
Since there is no written agreement, you can give him a notice to vacate the premises by specifying the reason of his nuisance/misbehavior. As such, for instance, the Delhi Rent Act, 1955 does not provide for a ground eviction on simply causing nuisance. For eviction on nuisance, one has to be convicted by a competent court of causing nuisance to others. There are many other grounds which are available to you as a landlord for causing eviction of your tenant, which I can help you with if you tell me which state is the property located in.

This is just for information- If the understanding between your tenant and you is of less than one year (11 months usually), then even an oral agreement works, therefore, there is no necessity of written agreement. However, making a written agreement specifying the conditions thereto such as causing nuisance to others, could be an easier option for causing eviction. If the tenancy is governed by an agreement, wherein the landlord specifies lawful conditions for usage and eviction, then it is easier for him to ask the tenant for evicting the property whenever any of those conditions are breached by the tenant.

LawRato LawRato

757 votes

Hi, the relation of tenant and landlord depends on the terms and conditions as per the agreement. The agreement may also be verbal sometimes but its always good to have a written agreement and signed by both the parties. With reference to your question, i can well understand, you are fed up with your tenant. For its eviction, if you want to take the legal recourse, first you have to serve the tenant a legal notice for eviction with the help of a lawyer. I hope this notice would serve the purpose, else you have an option to approach the door of court to file a suit of eviction.

All the very best.

Advocate Hitesh Jain LawRato