With rapidly developing infrastructure and expanding IT and commercial hubs, the number of people choosing for rental residences closer to their office is increasing in various cities. You have the right to charge your tenant monthly rent if you are a landlord renting out a property. The rent agreement, which both parties must sign under the law, binds a landlord and a renter. The tenant must pay the rent as agreed in the agreement. One of the most common issues that landlords confront is tenants failing to pay their rent or failing to vacate the property.
Common Grounds for Tenant Eviction-
The Rent Control Acts of most states specify certain common grounds for evicting the tenant, which include the following:
*Non-payment of rent
*Sub-letting rented premises or a part of it without landlord’s permission
*Misuse of rented premises
*Damaging (major) rented premises
*Not vacating the rented premises even after the term’s completion
*Conducting illegal/ criminal activities in rented premises
*Deliberate violation of clauses mentioned in rental agreement
landlords have certain legal rights they can exercise, which will be discussed in this article-
- Review the rent agreement–
Examine the rental agreement to see if the terms and conditions of the tenancy are clearly stated. This comprises the rental amount, the payment due date, and the penalty for nonpayment. The agreement will serve as the foundation for any legal action filed by a landlord.
- Recover money from security deposit –
Before renting out property, landlords typically collect a security deposit from tenants. This deposit is held as security for any damages or unpaid rent during the tenancy duration. Depending on the arrangement, the sum is equal to two months’ rent.
Before taking legal action, one can explore informal ways to resolve the issue if the tenant appears genuine. You can consult a lawyer and send a legal notice to the tenant. One should mention in the notice the date and time by which the landlord wants the tenant to vacate the property.
- File a case in a court–
If the tenant does not pay the rent despite the legal notice, a complaint can be filed against them in the relevant court. For minor rent amounts, a civil court can be approached, whereas a district court or a high court can be approached for greater amounts.
- File an eviction lawsuit-
Before going to court, the landlord must provide adequate notice to the tenant. A landlord can go to court and file an eviction lawsuit against the tenant. According to the revised Model Tenancy Act, 2015, a landlord can evict a tenant for breach of the rent agreement and failure to pay rent for a set length of time. Eviction laws may differ from state to state.
- Obtain and execute decree from court-
The court reviews the evidence and hears both sides when the landlord files a complaint against the renter. If the court finds that the evidence points to the landlord, it issues a decree directing the renter to pay the back rent. The landlord should go to court to get the decree enforced. The court can decide how to retrieve the outstanding rent. Attachment of the tenant’s property, wage garnishment, or even eviction from the premises are all options. A lawyer can be consulted to verify that the decree is carried out correctly.