Common reasons for evicting a tenant in India - Vakeel No1
evicting a tenant

 

Rent arising out of the spare property is a benefit no one would mind. But sometimes tenants can become very difficult. Here, are listed manners in which one can evict their tenants:

Rent laws differ from state to state, but the majority of them lay down that the following grounds for eviction a tenant:

  • The landlord can ask the tenant to evict if he needs the property for his/her own occupation or to be for their own family.
  • Evicting a Tenant can also be done if the property is needed for repairs and maintenance which can’t be done without the eviction. However, the tenant can occupy the property after the repairs.
  • If the premises are to be demolished for the purposes of construction, the tenant will have to vacate the premises.
  • If the rent hasn’t been paid for 15 days after the due date; and the non-payment was intentionally.
  • If the tenant has as further given the property on rent without the permission of the landowner.
  • If the renter has been using the premises for reasons other than what was agreed on; or for using them for illegal or immoral purposes.
  • If the tenant has lessened the value or utility of the property.
  • The neighbourhood confirms that further living of the tenant is objectionable to them.
  • If the tenant has not been occupying the premises for a considerably long time. The time period varies from state to state.
  • If the tenant denies the title of the landlord over the property.

Also Read About: Process for Eviction of tenant

Other things to keep in mind for evicting a tenant:

  • Before applying any of the above, please check with your local land laws as they might differ from state to state.
  • Rental laws are often pro-tenants and approaching the court for evicting a tenant can be a very long and tardy process.
  • The best way of avoiding a lengthy process of eviction is to simply draft the rent agreement of just 11 months and not an entire year. You can add a clause of renewal at the end of the 11 months.
  • After collecting all the relevant local legal knowledge, you can serve the tenant with a legal notice that you are finishing his or her tenancy. Wait for the time period of the notice, and if he still doesn’t evict, the landlord can rightly file a lawsuit.
  • Most importantly of all, do not indulge in any forms of ‘self-help’ eviction methods like physically removing the tenant or his/her possessions, changing the locks of the property, or any other retaliatory action against the tenants. Do not do anything against which the tenant can file a criminal case.

SEE:-  Rights of Tenants Under the Indian Law