Eviction of Tenant in India
Giving property on rent is one of the easiest ways to earn money. But for the eviction of the tenant, it becomes difficult. The process of eviction of a tenant becomes more tedious when the tenant is not agreeing to vacant the house. It is important that the property must be given on rent through a rental agreement only and not otherwise. Eviction of a tenant becomes more difficult when the property is not given on rent through a rental basis.Nowadays, landlords take extreme precautions to avoid such future in India and are they are well versed with the rules and regulations of the rental laws.
Grounds to Evict a TenantThe rental property laws in India help a landlord in filing an eviction suit. The laws help in evicting their tenant only if there is a justifiable and valid reason for such a measure. The grounds are:
- The rent has not been paid by the tenant intentionally over 15 days from the due date.
- A tenant has sublet a rented property to another person without taking the landlord’s permission or providing a written request.
- The tenant has used rented premises for unlawful purposes or other purposes than mentioned in the rental agreement.
- Any action of the tenant has led to the loss of property value or its utility.
- The tenant’s actions are found to be objectionable by the neighborhood and the landlord has received a complaint against the tenant.
- The landlord needs their property for own occupation or for any family member.
- A landlord is required for the Property repairs and renovation which otherwise is not possible unless the property is vacated.
- The landlord intends to construct another building in place of the rented property.
How to file an eviction suit in India
After establishing the grounds for eviction of the tenant, the landlord can avail procedure of the eviction of the tenant. The process of eviction of a tenant starts by sending a notice to the tenant to vacate the rented property. The notice of eviction must mention the reason for the eviction of the tenant. It should also mention the date and time by which the tenant should evict the rented property. The Court that has appropriate jurisdiction must file the notice of eviction. Most of the times, the tenant vacates the property after receiving the notice from the court.
But, when the tenant decides not to evict the property and contest the eviction, then the landlord has to file an eviction suit for the tenant. The tenant may file a suit for eviction of a tenant in a civil court under whose jurisdiction it situates the rented property.The third stage is when the courts hear both the parties and issues a final legal notice for eviction of a tenant based on the arguments and present evidence.
How to avoid illegal EvictionAs a matter of right, the tenant has some rights to prevent himself/herself from the illegal eviction. There are certain things which a landlord should keep in mind while evicting a tenant, like: · The landlord should get the lawyer draft the rent agreement properly. It should include all relevant provisions relating to the rented property. · The landlord should not give property on rent for not over 11 months and the rental agreement should include a clause for optional renewal. It offers protection against eviction complications. · The landlord must send an eviction notice to the tenant and provide an appropriate time period for eviction.
· For the eviction of the tenant the landlord must not take wrongful measures such as cutting off basic utilities like electricity or water; throw away tenant’s belongings from the rented property or take penalizing measures by his own to evict the tenant. These are criminal offences and tenant may file charges against the landlord if found guilty of such conduct.· Landlord must do a background check before renting the property to someone. From the rent agreement to preparing a notice to vacate tenant, you can contact our expert team of lawyers in Gurgaon for all your solutions pertaining to property related issues.