Remedies Against Eviction of Tenant

Around 42% of the urban population live as tenants in rented houses. Even in India, majority of people live in rented accomodations due to the exhorbitant rates of propertyies, especially in metropolitan cities. While living as a tenant can be really comfortable, there are often times when problems related to rent and other related issues such as eviction notice etc, can ensue. 

Indian laws ensure protection of tenants from landlords, by way of statues and rules & regulates set in place. 

RIGHT TO PROTECTION AGAINST UNREASONABLE EVICTION:

The right 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 evicts 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 ON FALSE GROUNDS:

It is not uncommon for a landlord to file an eviction notice on false grounds. The landlord could, for example, evade receiving rent payments for a whole month before using the same reason of willfully not paying rent to evict a tenant. Rent Control Act provides a remedy for tenants in these cases.

REMEDY AGAINST FALSE CASES:

The following steps can be taken for challenging the false eviction notice:

1. The tenant should approach the Rent Controller giving her/his reasons.

2. 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 non-receipt of rent should be clearly mentioned by the landlord in the notice. The tenant should deposit the rent as soon as possible, if the bank details are received within 10 days. 

• Money Order: If in case the landlord has failed to reply to the legal 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 BASICS SUPPLIED BY LANDLORD:

The landlord may try to forcefully evict the tenant by withdrawing the 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.

WHY YOU NEED A LAWYER

In case you have been asked to vacate your rented place, it is very important for you to understand your rights and the steps you can take to redeem your lost status. 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.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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