It is not Uncommon for people in urban cities to live as a tenant due to exorbitant prices of Property. People often recourse to let-out their property on tenancy in order to get an easy and reliable source of income.
This easy income turns into a problem when tenant refuses to vacate the property. Earlier getting rid of a squatting tenant was a headache but now with evolution of laws and draft Modern Tenancy Act 2015, life is expected to get a lot easier for Landlords.
Tenancy Agreement
Registration of rental Agreement is mandatory by paying requisite Stamp Duty.
A tenancy Agreement is usually of two types:
LEAVE AND LICENSE AGREEMENT– The agreement by which Property is leases out for a period of 11 months. Eviction under it is purely regulated by Agreement between the parties and not the provisions of Rent Control Act 1948 as this act requires agreement to be minimum for 12 months in order to applicability of Premises.
LEASE AGREEMENTS – Such agreements grant more right to tenants and gives legal Possession of Property to Tenants. A properly drafted Lease Agreements may mitigate the risks for Landowners.
Grounds for property Eviction in India
Though property eviction is largely governed by State Laws, but certain common grounds for eviction of tenants from the property are-
Non Payment of Rent –The most obvious ground to get your Premises evicted is due to Non Payment of Rent. Willfully Abstaining from Non-Payment of Rent for period of more than 15 days when payment was due.
Sub-Letting of Premises– If tenant allows someone else to enter into premises and occupy it or himself sub-lets your property without your written consent, The Tenant makes himself
Usage other than as per Agreement– If tenant uses premises for purposes other than those agreed upon by landowner or as provided in agreement amounts to violation of agreement and tenant can be evicted out of premises.
Causing loss to Valuation of Property– Any act committed by a Tenant that cause loss to Property or diminishes its value become a ground of Eviction;
Use of Premises for Illegal or Immoral Purposes-If Tenant uses Premises for any Act that is either Illegal or Immoral in the eyes of Law;
Objectionable Behavior of Tenant– If according to Neighbors Tenant habitually commits Nuisance in the Neighborhood and the same has been obtained in writing From Neighbors.
Occupying another premise– If Tenant, for a period exceeding Four months, has been living in a different state or region, he can be evicted from the premise in question.
Tenant Denies the Title of Landlord– If Tenant disowns Landlord or ascertains his right of Ownership, He can be evicted.
Bonafide Requirement of landlord– If landlord requires premises for the purpose of residence or for purpose of doing business or that premises needs to be demolished, landlord has a right to evict tenant.
The top lawyers’ legal advice is let out is Leave and License Agreement and to renew the said agreement time to time. Though Legislation for New Tenancy Laws is underway, yet giving your property without a Time barred lease specifically if you are living in foreign countries is something to be avoided for.