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How To Evict A Tenant

April 07, 2024 हिंदी में पढ़ें


Table of Contents
  1. GROUNDS:
  2. PROCESS OF EVICTION:
  3. AVOIDING EVICTION:
  4. WHY DO YOU NEED A LAWYER?
  5. 1. Hiring a Lawyer:
  6. 2. Filing & Notice:
  7. 3. Consequences:

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 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.


GROUNDS:

Most State laws lay down the following reasons for the eviction of a tenant:

  1. Non-payment of the agreed rent amount for a period exceeding 15 days after the rent was due, and such non-payment was willful

  2. Sub-letting the house without the written consent of the owner

  3. Using premises for purposes other than what was agreed for and mentioned in the rental agreement

  4. Commission of any act that results in loss of utility or value of the property

  5. Use of the premises for any purpose that is considered to be illegal or immoral by law

  6. Created nuisance in the neighborhood and the neighbors have confirmed in writing that the further living of the tenant is objectionable to them

  7. Occupation of other premises for more than four months in a different state or region

  8. Denial of the title of landlord.

Apart from the above-stated reasons, the landlord can also seek eviction for the following bonafide reasons:

  1. The landlord needs the premises for her/his own occupation or the occupation of her/his family members.

  2. A 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.

  3. The premises are to be demolished for the construction of another building.


Talk to a Lawyer

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.


1. Hiring a Lawyer:

Consulting a good lawyer will help the landlord understand the entire process of eviction with more clarity. A lawyer will be able to guide the landlord step by step.


2. 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.


3. Consequences:

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.


AVOIDING EVICTION:

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.


WHY DO YOU NEED A LAWYER?

In case you have been wronged by your tenant and he/she is refusing to evict from your property, you can take the legal course against his/her and get your rightful eviction legally. This is why it is important to consult a lawyer who deals with landlord-tenancy-related issues who can guide you with the relevant steps and can help you with the procedures involved. Owing to his years of experience in the field, he will be able to analyze the situation better and can assist you in coming up with an effective strategy to resolve your legal issue. You can also use LawRato's Ask a Free Question service to get free advice on your legal issue from expert lawyers.



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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needed a lawyer….what is the procedure?

Vani on May 23, 2024
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thank you for the information

Navin on Jun 16, 2024
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Good work with the article.

Poonam on Jun 17, 2024
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very detailed and informative

Anonymous on Jun 03, 2024
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very helpful

Anurag on Jun 14, 2024
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Excellent work. Very helpful for understanding the subject.

Ranjeet on May 24, 2024
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needed more information on the law

Raman on May 16, 2024
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nice artcile

Virendra on May 08, 2024
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helpful in understanding the law

Hitesh on Jun 03, 2024
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informative with the law.

Payal on Jun 02, 2024
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very helpful and detailed

Sagar on May 24, 2024
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I want to know more about this law. Good work

Surya on May 23, 2024
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needed some more information on the subject.

Saurabh on May 08, 2024
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very good article. Can you tell me more about the law?

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whom to contact for any legal query?

Shekhar on May 30, 2024
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thank you for the information

Ritika on May 28, 2024
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great advice. Thanks

Sanju on Jun 18, 2024
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its very helpful on the subject

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Very good work with the article. Gave a nice clarity about the subject.

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