How to Evict a Tenant from a Rental Property - Blog - %

How to Evict a Tenant from a Rental Property

evict a tenant

Sending an eviction notice or letter is one of the first legal actions for a landowner for removing his/her tenant. In case the tenant fails to obey according to the notice, the landlord may file an eviction case in order to evict the tenant.

In India, there are a limited number of reasons for which a tenant can be evicted by the owner. These reasons may be different in different states, however, there is no harm in sending an eviction notice against the tenant. Eviction notice covers a deadline to pay rent or move out from the property, and it also includes the amount owed.

The landowner should have solid reasons to evict the tenant such as non-payment, making noise or health ordinances; violating lease agreement, personal necessity etc. landlord has to give evidence of any claim against the tenant.

The eviction notice (Notice to Quit) should be to the point, and accurate reason should be given for eviction, i.e. notify the tenant how he/she has broken the terms and conditions of the lease. The landlord should give at least15 days’ notice for the eviction of the property.

Eviction Notice generally includes the following:

· The offence (the reason for which landlord is giving the eviction notice)

· Signature of the landowner

· A time period to remedy the offence

· The date on which notice was served

In case, when the rent has not been paid for a number of months, without the court order landlord cannot:

· Physically evict the tenant

· Change the locks

· Lock the tenant out

· Shut off the utilities (such as water supply, light etc.)

Reasons for eviction of the tenant:

  1. Failure to pay the rent: This is one of the most prevalent and strongest reasons for the eviction of a tenant. Even if the rent is delayed by just a few days, it can be a reason for eviction.
  • Sub-letting: In case,  the tenant is letting out the property or land to another, hosting a family member or a friend for an extended period of time then the landlord can serve the notice of eviction against him.
  • Commercial use: In case, the tenant is running a business on the property, then the landlord could immediately choose to evict the tenant, or even if the property is used by tenant other than the purpose specified in a contract then also landlord can evict him.
  • Property Damage: it is an obvious reason which is usually mentioned in the agreement that any harm is done to the property will be recovered from the tenant.
  • Society Problems: In this case, if the behaviour of the tenant is not satisfactory according to society, an owner may evict the tenant.

It is always recommended that hiring a lawyer for landlord-tenant disputes may be helpful if you’re unfamiliar with the laws, paperwork, or process required for settling a dispute.