A tenant is a person to whom a landlord grants temporary and exclusive use of property usually in exchange of rent and after that who has the right to use occupied rental property in accordance with a rental agreement or lease.
It is important to execute to have all the terms and conditions between the tenant and landlord in writing. It is evidence in case the parties have to approach the court.
Yes. However, landlord will need to show what the oral agreement was about the tenancy. How much is the rent and how often was it to be paid? On what day was rent due? Those facts have to be alleged in the eviction complaint and then proven to a judge.
Grounds for the eviction of tenant
- non-payment of rent: If the tenant is not paying the rent on time or always delaying for the rent, the landlord can file for eviction.
- Property damage
- Landlord can file to evict a tenant if they are using the rental property in an illegal manner.
- Expiration or termination of lease
- Where the tenant sublets the property.
- Personal use or occupation
Yes,under the rent laws, 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.
Subletting a property is completely dependent upon tenant and the landlord’s agreement. Typically, the written agreement should specify this clause. If, according to the terms and conditions, subletting is not allowed, tenant might have to take the landlord’s written permission before subletting the property.
However, if the Agreement follows the Rent control legislation, most State Rental Control Acts do now allow a tenant to sublet the premises of a property without a written consent of the landlord. Despite this, if the tenant decides to sublet the property, the landlord can then evict the tenant without further notice.
Yes, landlord who is living abroad and wants to set up his own resident or business can file for eviction.
Usually no, the landlord cannot evict a tenant without a court order unless the tenant leaves at Will.
Yes the tenantcan strong defend an eviction petition.
It varies depending on the reason for the eviction, how busy the court is, and whether the tenant mounts a defense. Generally, an eviction for nonpayment of rent where the tenant does not file a defense to the case, takes about three weeks until judgment is entered. If a writ of possession must be issued and served to make the tenant move, then about another week is added to the time.