How Do You Evict a Troublesome Tenant as a Landlord In India?
How to Evict a Troublesome Tenant as a landlord- In the event of problematic renters, you can issue a legal notice from the court requesting that they evacuate the property.
In India, there exist national and state-specific regulations that allow landlords to evict renters who do not follow the terms of the rental agreement. Landlords may encounter problematic tenants who cause problems such as failure to pay rent, breach of contract, subletting the property, or property damage. If the renter refuses to quit the property, the situation might get uncomfortable.
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Dealing with such tenants can be mentally and financially taxing. While landlords focus on preparing their home to rent out for a high rental income, it is also critical that they are aware of their rights in the event of an unpleasant situation. This tutorial explains landlords’ legal rights when trying to evict a problematic tenant.
Know the reasons for evicting a tenant
Every landlord should ensure that the eviction terms are included in the rental agreement. They must check this section in order to preserve their interests and avoid disagreements with their tenants. Furthermore, landlords should be informed of the reasons for evicting tenants to preserve their rights.
Failure to pay rent: One of the most common reasons for tenant eviction in India is a tenant’s failure to pay their rent on time. This produces financial difficulties for the landlords, leading them to take steps to reclaim their property.
Damages to the property: If a tenant makes structural alterations to the property without the landlord’s authorization or causes significant damage, the landlord may choose to remove the tenant.
Unlawful actions: If a tenant engages in illegal activities or operates a business on the rented property without the landlord’s authorization, the landlord has grounds to take action against the tenant and require the tenant to depart the premises.
Subletting: A landlord may evict a tenant who sublets the property without the landlord’s permission.
Breach of terms: If a tenant fails to comply with the terms of the rental agreement or breaches the contract, the landlord may choose to evict the renter.
Refusal to renew the agreement: If the tenant refuses to renew the agreement after it expires, the landlord may evict them or serve a notice to terminate the lease.
What do you do if a tenant refuses to vacate?
Without a good basis, a landlord cannot serve an eviction notice on a tenant. Tenants have the right to peaceful possession & protection against illegal eviction under Indian rental laws. As a result, a landlord should ensure that they have a solid justification for evicting a renter. A landlord should ensure that all terms and conditions, including the eviction clause, are properly stated in the rent agreement.
Communicate with the tenants.
The first action a landlord might take is to speak with the renter to see why they are not departing the property. Schedule a meeting with the tenant and explain why you are asking them to depart the property. The landlord should communicate with the renter in a respectful and professional manner.
Send an official notification.
If the verbal discussion with the tenant fails, the landlord can serve an official notice requesting that the tenant evacuate the property, giving the reason for eviction and outlining the date and duration of the eviction.
File a complaint with the Rent Authority
If a tenant refuses to vacate the property, the landlord may file a complaint with the Rent Authority in that state. They must submit supporting documentation. The authorities will consider the complaint and make an order.
Serve a legal notice.
When a tenant refuses to depart despite the agreement’s clear terms and conditions, the landlord can send a legal notice to the tenant, requiring them to remove the property within a given time. An eviction notice should be filed with the court. The landlord must allow the tenant sufficient time to quit the property. The notice time often ranges from 15 to 30 days, depending on state laws and agreement details. Typically, tenants leave the property after getting a legal notice from the court.
Wait for the tenant’s response.
The landlord should remember that renters have the right to respond to an eviction notice. Tenants can opt to resolve the issue listed in the legal notice, depart the property if needed, or appeal the eviction notice if they believe it is unfair.
File an eviction lawsuit.
If a tenant fails to quit the property despite receiving a formal notice from the court and chooses to resist the eviction, the landlord may launch an eviction suit against the renter. For this, one should consult with a lawyer. The eviction lawsuit should be filed in the civil court that has jurisdiction over the rented property.
When the case reaches the court, it will consider the arguments and evidence given by both sides before issuing a final legal notice for eviction to the renter. The renter must quit the rental property upon the court’s ruling and receipt of the final eviction notice.
Laws that protect renters from eviction
The Transfer of Property Act of 1882, the Model Tenancy Act, and the Rent Control Act establish the guidelines for landlords and renters. However, laws include protections that protect both parties’ interests. We’ll talk about various measures that tenants can employ to safeguard their interests:
Injunction lawsuit.
There may be times when a renter has a legitimate cause not to quit the property, such as a medical emergency or another difficulty. In such instances, the tenant may seek an injunction in a court of law. This will prohibit the landlord from evicting the tenants. This applies when the landlord pushes the tenant to vacate without notice.
Approaching the Rental Controller
If a renter believes they have received an eviction notice on fraudulent grounds, they can contact the rent controller in their area. The tenant must appear in court on the called day to present their case, and they must provide proof to back their claims.
Section 5 of the Specific Relief Act.
In the event of an illegal eviction, a tenant might seek relief under the Specific Relief Act. Section 5 of the Specific Relief Act states that a person entitled to possession of a specific immovable property may recover it in accordance with the Code of Civil Procedure, 1908.
Tips to avoid difficulties with tenants
Review the rental agreement: Ensure that the rental agreement includes sections regarding rent payment, payment default, and agreement termination.
Tenant screening: When selecting a tenant for your property, be careful to conduct thorough background checks. You can get a reference from the tenant and ask about the prior landlord. Request the tenant’s permanent address. Additionally, police verification is required in several states. This can be completed online by going to the official police authority portal.
Maintain documentation: Landlords must ensure that correct documentation is in place for all communications with tenants, payments, and notices.
Register the rent agreement: Rather than having a notarized agreement, make sure the rent agreement is registered in the court when renting out a property. In the event of a disagreement between the landlord and the renter, a registered agreement is legally enforceable.
Things to Avoid While Waiting for the Tenant to Evict
Calling the police.
Landlords should not call the police to evict a tenant since the police do not have the legal power to do so. If they discover that the tenant has breached the contract, they should avoid any conflict with him. Instead, they must follow the lawful road.
Self-help eviction
This is the process by which a landlord attempts to evict a tenant from their property without following the law. According to Indian law, it is unlawful. It is important for landlords to understand that they need a court-issued eviction notice before they can evict a tenant or threaten to do so.
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Self-help eviction-related actions
A landlord should refrain from taking part in
- When the tenant is not there, changing the door lock
- Relocating the tenant’s possessions out of the house
- Disseminating inaccurate information about the renter
- Switching off the utilities
- Forcibly evicting the tenant
According to the legislation, the landlord may face criminal penalties for these acts.
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The Model Tenancy Act of 2019 & the Rent Control Act of 1948 regulate tenant eviction in India. Even after careful screening, a landlord may occasionally have a challenging renter. It takes time and money to evict a tenant with legal assistance. When dealing with tenants gets difficult, landlords usually turn to legal means. Therefore, having a solid understanding of Indian landlord rights is crucial. For advice, you can speak with a lawyer.
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