Legal Remedies for Landlord- How to evict a tenant from Rented Property?

Legal Remedies for Landlord- How to evict a tenant from Rented Property?

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Renting a property is the most popular way of housing in India. For property owners, it is the most relaxed way to earn income, and for tenants, it is the most affordable housing solution when they are unable to purchase their own house. There are certain situations when the relationship between a landlord and a tenant takes a different turn when the landlord has to evict the tenant from the rented property. However, the rent laws in India tend to be favorable to the tenants and protect their rights over the landlords. 

When Can Tenants Be Evicted In India

There are different rent laws for every State in India. However, there are specific common grounds on which a landlord can evict a tenant legally. These grounds include:

  1. When a tenant does not pay the rent.
  2. When a tenant sublets the rented property without the landlord’s permission.
  3. When the tenant uses the rented property for any illegal or criminal activities.
  4. When the renter causes severe damage to the rented property.
  5. When the tenant refuses to vacate the property after completion of the time period mentioned in the rent agreement.
  6. When the renter violates any provision of the rent agreement.
  7. When the lessee misuses the rented property in any other way.

Remedies available to the Landlord

When the tenant has committed any of the above-mentioned acts, the landlord can take the following legal actions to evict the tenant from the rented property:

  1. Send a Legal Notice

The first step that the landlord can take is to send a legal notice to the tenant clearly mentioning the ground on which the tenant is being evicted. The legal notice for eviction must be carefully drafted with the help of a law firm in India who can make sure that the legal notice includes all the facts and mentions the remedy availed by the landlord. 

The property lawyer will include the details regarding the rent agreement, the ground of eviction, the time period within which the tenant has to vacate the rented property, etc. The property management lawyer will also attach the relevant documents with the legal notice such as the rental agreement, proof of any illegal activity or any other violation by the tenant, and any form of communication between the landlord and the tenant.

  • File an Eviction Suit

If the tenant fails to vacate the property or send the reply to the legal notice, the landowner can proceed to file an eviction suit in the court with the help of a property advocate in India. After considering all the real facts and circumstances, the court may order the tenant to vacate the property.

  • Final Eviction Notice

After the final decision of the court, the final eviction notice is sent to the tenant directing them to vacate the property within the time period mentioned. However, after receiving the order for eviction, the tenant has the option of filing an appeal against their eviction.

Key Points on Tenant Eviction in India

There are certain guidelines regarding the election of a tenant in India:

  1. The landlord can evict a tenant if he or she is in genuine and urgent requirement of the property for their personal use.
  2. The rental agreement must be kept for a maximum of 11 months with the option of renewal to avoid any eviction disputes.
  3. The reason for the eviction of a tenant must be valid and justified under the rent laws in India.
  4. It is essential to send a legal notice to the tenant before filing an eviction suit.
  5. The landowner should not stoop down to adopting wrong eviction techniques such as cutting-off basic amenities like water or electricity connection, changing the locks of the house, throwing away the personal belongings of the tenant, etc.

As a law firm we always recommend that one should consult a lawyer to file an eviction suit against the tenant or send them a legal notice as the lawyer can ensure that the eviction is done in a legal manner without any form of violation of the Rent Control Laws in India.