In India rental income is good source of earning. Hence, an easy source of income can easily turn into a problem for the owner, especially in those cases where the tenant becomes an oppressor and refuses to abide the rules. One right that the owner has is to eviction of the tenant in case tenant breaks any of the tenancy rules mentioned in the agreement. This entire process of eviction of a tenant becomes even more cumbersome. But the current laws make it possible for the owner to evict the tenant by genuine reasons. The owner also needs to ensure that there should be a proper agreement between the tenant and the owner. For eviction of a tenant the landlord has to be established valid grounds so that the remedies given under law can be availed.
There are certain steps by which the owner of the property can evict a tenant.
- Failure to pay rent: Non-payment of rent is strongest element you could have in the case if eviction. Even it is good enough to evict a tenant if the rent is delayed by longer than 15 days. This includes non-payment of gas, electricity etc.
- Sub-letting: In case tenant is letting out or allow some other person to occupy the whole or part of apartment without the written consent of the owner and using premises for purposes other than mentioned in the rental agreement. If the building is used for some illegal purposes by the tenant
- Damaging the property: In case the tenant has damaged the property and or ha done any act which depreciated the value of the property, owner has a right to evict him/her. If the tenant has put the building premises into some use other than mentioned in the agreement.
- For Self-use: In case the landlord wants to take back the property for his or his family personal use, and in case the landlord is planning to demolish the building and put up a new building then landlord could do so by sending an eviction notice to tenant.
- Society Problems: Created nuisance and the landlord have to face objections against him from neighbours and the other tenants in the building. The landlord can evict the tenant.
- Commercial use: In case tenant is using the residential property to run a business of from the property, then the owner can call for an immediate eviction or property is used for other purpose mentioned in the agreement.
An eviction notice is the first legal action for a landlord to remove tenant. The landlord must give reasonable time to tenant to vacate the property by serving a notice to tenant for eviction with the clearly mentions the reason for eviction. In the eviction notice must also mention the date and time by which tenant has to vacate the property. In case the tenant fails to comply with the notice after receiving court’s eviction notice. In this case a landlord can file a petition/ application before rent controller and seeking eviction on the ground that the tenant is not paying the rent as per the agreement. After filing the eviction the court hears both sides and issues a final legal notice for eviction of tenant on the basis of arguments and evidence present. The tenant has to vacate the property when the court sends the final eviction notice.
Guidelines the landlords/owners
- The landlords must ensure verification of the tenant through the prescribed guidelines with the local police stations.
- For cases where rentals incomes drawn are huge ensure taxes are paid in time and if the tenant deducts the tax; timely checks must be done that the same is deposited with the tax authorities by the tenants.
- Where the tenants/occupants are denying the payment of rent; the legal route should be followed for recovering the rent. The laws are categoric in most states if the tenant does not pay the rent; eviction shall follow.
- There are Special provisions for NRIs/Senior Citizens and ladies/government officials in some states for eviction of tenanted premises.
- Personal necessity or Requirement for personal use is a ground where any landlord can have the premises vacated from his existing tenants.