Process and Procedure of how to Evict a Tenant in India

By Indolegal |

For most people, a rental income can be a very good source of income. However, every coin has two sides, and an easy source of income can turn into rental problems for the homeowner. A tenant who seemed like a nice person might turn into a bully towards the end of the rental agreement. What makes such rental issues even worse is that the tenant eviction process is long, confusing and quite scary according to the current laws. Nevertheless, it is still possible for you to evict a tenant if your reasons are sound. Here is a look at the complete process of evicting a tenant. Let’s begin by seeing the reasons for which you can seek an eviction.

Grounds on which Eviction is Possible

The exact reasons according to which an eviction is possible depend on the State Laws in question. In most cases, however, an eviction notice can be filed in case the tenant has been found responsible for the following reasons:
1. Not paid the agreed rent amount for a period exceeding 15 days after the rend was due, and the non-payment was wilful
2. Allowed someone else to allowed someone else to occupy the home or apartment without your written consent
3. Used the home or apartment for purposes other than what was agreed upon by the landlord. The purpose of ‘use’ must be mentioned explicitly in the rental agreement papers
4. Done some act that resulted in the loss of value or utility of the property
5. Used the building for any purpose that is considered to be illegal or immoral by law
6. Made a nuisance out of himself/herself, and the neighbourhood or society has given written confirmation that further stay of the tenant is objectionable to them
7. Occupied the home or apartment in question for more than 4 months (may be different in other States or regions, like hill stations)
8. Denies the title of the landlord to the building for an unfounded reason(s), since a tenant is not allowed to disown the landlord or assert title to the property

You can also seek eviction for the following reasons:
1. You genuinely need the home or apartment for your own occupation or for occupation of your family member.
2. You genuinely need the property for performing certain necessary repairs that cannot be done unless the home or apartment is cleared. Once the repairs are done, the tenant has the right to re-enter the premises.
3. You genuinely need the housing to demolish it and construct another building instead

Process of Eviction

Now that you know the grounds on which you can evict your tenant, you can proceed towards actually starting the eviction procedure. Now, the Rental Laws in India are favourable towards tenants, and the process of eviction itself is quite long and changes according to the type of rental agreement you have with the tenant and the State in which you live. The first thing you need to do is consult a good local lawyer who can guide you on the right process. In most cases, you would have to file an eviction notice with an appropriate civil court in your locality. Once you have filed the request for eviction, the tenant would receive the court notice for eviction. At this point, most tenants would leave the premises on their own without causing any problems. In order to complete the procedure, the tenant would contest the notice, after which you would have to wait for the court to hear your case. Depending on the evidence you provide and the arguments made by your tenant, an eviction may be granted.

Avoiding Eviction Altogether

If you have not rented out your housing yet, then it best if you take some precautions to avoid a lengthy, problematic eviction process later on. When you are planning a rental agreement format, use a Lease and License Agreement for 11 months and the option of renewal. This is the most common form of rental lease agreement and offers better protection from the complications of eviction that may happen later on.

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