How to Stop Eviction in India

By Indolegal |

Did you know that around 42 percent of the urban population in the world, which is equal to 150 million households, live as tenants? A lot of people in India rent a property, and the life of a tenant can be really good. However, there can be times when you end up facing rental issues or rental problems. A bad landlord is not uncommon and can disrupt the peace of your life. The lowest point would be getting an eviction notice on a sunny afternoon. Thankfully, Indian Law has several provisions that protect you and your rights as a tenant.

The Right to Protection Against Unreasonable Eviction

This is the most important tenant right that you can use to protect yourself in case of an eviction. Each State Rent Control Act has specific grounds based on which a landlord can evict a tenant. Any ground that does not fall under the list specific to your State is not considered to be sufficient for eviction. As a tenant, this Act also gives you the right to protection if your landlord evicts you for reasons not specified in the Act or falsified reasons.

How can you Enforce your Right?

Firstly, let’s look at what you can do if your landlord tries to remove you from the premises by force, and not by serving an eviction notice. If this happens, you would be entitled to file a case in the civil court and seek an order of injunction. This order can stop the landlord from removing you out of the premises without any ground described in the Rent Control Act.

Alternatively, your landlord may file a notice of eviction based on false grounds. For example, your landlord may evade the receipt of rent in some way for a month. After this month, he/she would move the court for eviction based on the grounds that you wilfully failed to pay the rent. In such cases, you can rely on the same Rent Control Act for justice.

Steps to Stop or Prevent a Falsified Eviction

In the above mentioned scenario, you can challenge the eviction notice by approaching the Rental Controller’s Court, giving your reasons. Once this is done, you would be summoned to the court, where you would have to put forth your case with adequate evidence for support. In the above mentioned scenario, you can follow the steps given below to stay safe and gather enough evidence in case your landlord ends up filing an eviction:

1. If the landlord fails to receive your rent, you must issue a notice in writing that asks the landlord to specify a bank for depositing the rent within 10 days from the date of receipt of the notice. This notice should clearly mention the non-receipt of the rent on the part of the landlord, and the option that you as the tenant are exercising. If your landlord gives you the bank details, then you should go ahead and deposit the money as soon as you can.

2. If the landlord does not respond to this, then you must send the rent directly to your landlord as a Money Order. The Money Order coupons should be kept safely as proof of rent payment. If the landlord accepts the payment, then there would be no problem later on and you may continue paying through Money Order.

3. If the landlord refuses the money order, then you should file a petition before the appropriate court and get the court order to deposit future rents in the court.

In order to avoid such eviction orders, you must be punctual and dutiful towards the terms of the agreement. Start by making an rental agreement according to the rental agreement format in India. This differs from State to State. For example, the Mumbai rental agreement format would differ from the rental agreement format Delhi. Make your payments punctually and abide by the rental agreement papers, and do not forget to keep proof of all rent payments and diligence on your part.

Finally, the landlord might try to evict you to from the premises is by cutting off basic provisions like food and water. The law has provisions to protect you against this as well. If you find yourself facing this situation, you can approach the court to restore these basic amenities. The landlord would be obliged to comply with the court order if it is granted.

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