Finding a tenant is simple, and it is one of the most acceptable ways to earn money. However, sometimes tenants can become very painful. Eviction laws in India lay down regulations concerning to the tenant-landlord relationship, stipulations for Evict a tenant or taking legal action against illegal eviction. Here’s a glimpse at the valid reasons to evict a tenant, rules and legal procedure for evicting a tenant under rental property laws in India.
Grounds to Evict a Tenant in India
The rental laws in India help a landlord in evicting their tenant only if there is a justifiable and valid reason for such measure. The following grounds to Evict a tenant in India are laid down by various state laws on eviction for tenants in India:
- The landlord can ask the tenant to evict if he needs the property for his/her own use or to be for their own family.
- Eviction of a tenant can also be done if the property is needed for maintenance and repairs which can’t be done without the eviction. But, 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 intentional.
- If the tenant has as further given the property on rent without the permission of the landowner.
- If the tenant has been using the assumptions for purposes other than what was agreed on; or for using them for illegal or unethical purposes.
- If the tenant has decreased the value or utility of the property.
- The neighbourhood confirms that further living of the tenant is objectionable to them.
- If the occupant has not been occupying the premises for a considerably long time. The time period differs from state to state.
- If the tenant refuses the title of the landlord over the property.
Need to evict your tenant in India?
Other things to keep in mind to evict a tenant:
- Before applying any of the above, please verify with your local land laws as they might differ from state to state.
- Rental laws are often pro-tenants and approaching the court for eviction can be a very long and tardy process.
- The best approach of avoiding a lengthy process of eviction is to just draft the rent agreement of only 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 with the assistance of a lawyer that you are ending his or her tenancy. Wait for the time period of the legal notice, and if he still doesn’t evict, the landowner can rightly file a lawsuit.
- Most importantly of all, do not indulge in any forms of self-help eviction methods such as physically removing the tenant or his/her possessions, changing the locks of the property, or any other retaliatory action against the renters. Do not do anything against which the leaseholder can file a criminal case.
Eviction of a tenant can be complicated as well as time-consuming. It is advisable to take required precautions before letting out a property and to consult the best property lawyer to get a rent agreement made. A lawyer will assist you in the process to be smooth and doesn’t cause the dispute between you and your tenant. Besides, an eviction lawyer will ensure that your case is strong and that the tenant must be evicted.