The landlord takes a massive risk by lending his property to a tenant who is a complete stranger and therefore for securing the tenant as well as the owner a rent agreement is signed by the landlord and the tenant. The Rent Agreement consists of the details that are related to the rented property, monthly amount of the rent, parties that are involved and the rent period. The landlord enjoys the right of charging the rent at not only the market price, but the owner can also increase the rent after a certain period. The landlord enjoys the right to a temporary recovery of the rented property’s possession for repairs, alteration or addition to such property. The landlord should include the courses of action in the rent agreement in case if the tenant does not pay his monthly rent on time.
The landlord must conduct police verification of the tenant before renting the property. It is also advisable to the landlords that they must discuss the information that is related to the rented property with the tenant (Information such as Advance amount, the date on which rent becomes due, etc.). The Rent Agreement must consist of the rights and duties of both the landlord and the tenant. The Rent Agreements, which exceeds 11 months, should be registered compulsorily under section 17 of the Indian Registration Act. However, in certain states, all Rent Agreements are to be registered compulsorily with the State registry after paying proper registration fees and stamp duty.
It is tremendous stress for a landlord to evict his tenant, in case if he is not paying the rent on time or not vacating the property of the landlord. In India, tenancy laws are tougher for the landlords, and therefore in such circumstances, the first legal action an owner can take against the tenant is by sending him/her a legal tenant eviction notice. This legal notice will contain details like the reason for eviction, notice period given for the eviction and all the other relevant details. The reasons for eviction, they have to be valid in the eyes of the law.
Following are the valid grounds based on which a tenant can be evicted by the landlord:
- If the tenant has used the rented property for an unlawful purpose.
- If the tenant has not paid the rent amount within the prescribed period mentioned under the Rent Agreement and more than 15 days have been elapsed.
- When tenant’s actions had resulted in loss/damage to the rented property or its utility.
- If the tenant has sublet the rented property to any other person without taking the approval of the landlord.
- In cases where the landlord has received a complaint against the tenant by the neighbourhood or the society.
- If the landlord requires his property for his occupation or his relatives or any repairs and renovation.
- When the tenant has used the rented property for any other purposes, which is not mentioned in the Rent Agreement.
- In situations, where the lease period has been expired or the landlord had terminated the lease period with proper notice to the tenant.
Procedure for Tenant Eviction
Following is the procedure that is needed to be followed by the landlord to evict the tenant from his property:
- The first step is to send a notice of tenant eviction. The landlord must send a legal eviction notice to the tenant. By sending this notice, the landlord ensures that the tenant is properly informed about the consequences of such notice. It is entirely depended upon the tenant that whether he wants to reply the notice or not. The eviction notice must include the information relating to the Rent Agreement, the reason behind sending such notice, the time which is provided to the tenant to evict the rented property and what will be the consequences if the tenant does not vacate the rented property within the prescribed time as specified in the notice, etc. In a case where his property was being used for an illegal or unlawful purpose, there is no need for an Eviction notice, and the landlord can directly file a criminal complaint.
- After the notice, if the tenant does not vacate the landlord’s property, then the landlord must file a case against the tenant under the proper jurisdiction of the Small Causes Court. The Court shall conduct the proceedings as a Civil Suit. After hearing the landlord and the tenant, the Court may pass an order of eviction. It is mandatory for the tenant to vacate the landlord’s property, once the order of eviction is passed by the Court.
Eviction of a tenant is a legal process. It is a process through which a landlord can regain possession of his rented property. Many a time, it is observed that the landlord intimidates or coerce the tenant to force him to leave the rented property. It is considered as one of the illegal ways that have been adopted by the landlord for evicting his tenant. There is a requirement of giving proper notice to the tenant, before filing for an eviction. A landlord may face difficulty in evicting the tenant if he has not given the eviction notice to the tenant. Moreover, when a notice is filed, it is essential that it is formulated in such a way that it completes the legal requirement of the notices, as well as the work of eviction, is done. Therefore, it is advisable to hire a professional before drafting a legal notice.