In India, laws governing tenancy tend to favour tenants and they differ from state to state. However, there are many grounds for eviction of a tenant which are common in most of the state laws.
Eviction is a time-taking and complicated process, and in most cases, the landlords are not aware of the rules and regulations pertaining to lawful evictions. An eviction lawyer/civil lawyer can protect you from breaching any rule or law during the process of eviction.
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Grounds for eviction
If the tenant is using the property for a purpose other than that mentioned in the rental agreement, or he has not timely paid the rent as per the terms and conditions of the rental agreement.
If the tenant has further sublet the premises without the permission of the landlord. If any significant damage is caused to the property resulting in loss of utility or value of the property, or premises is being used for purposes which are considered to be illegal or immoral by law, causing a nuisance in the neighbourhood whereby they have confirmed it in writing that the further living of tenant is objectionable to them.
Besides these reasons, there are some other bonafide reasons on the basis of which eviction can be claimed for example, when the landlord needs the premises for his self-occupation or when there is some major repairs to be performed which is not possible unless the premises is cleared and finally if the premises is to be demolished. If any of the above-mentioned reasons are applicable, the landowner can file a suit for eviction on the basis of the rules mentioned in the rental agreement.
Steps for Tenant Eviction
A Landowner must follow these steps in order to ensure a successful case of eviction.
Firstly, he must determine a logical and just reason for eviction.
Secondly, provide the tenant a registered acknowledgement due to the eviction notice. Once the tenant has acknowledged the acceptance, the landlord can keep it as a proof of his acknowledgement.
Thirdly, if now also the tenant doesn’t move out, the acknowledgement letter and the rent agreement can be used to file a suit in an appropriate Civil Court of jurisdiction. It is of immense importance that the landlord should not take recourse to any illegal measure like cutting essential utilities, forcing out the tenant, changing the locks and entering the premises without permission, because it might work against the landlord; considering the fact that in India laws are tougher on the landlord.
If the Court allows the petition/appeal of the landlord and grants some time to the tenant to vacate the premises and the tenant still not vacates, then the tenant shall be evicted by the Police force.[1]
[1] Ram Prakash Sharma v. Babulal Irla and Ors, (2011) 6 SCC 449.
Important Tips
- Due diligence regarding the reputation and background of the tenant should be done before handing over the property for possession.
- It is recommended to enter into a Rent Agreement with the tenant specifying the tenure of possession and other terms and conditions before letting him enter the premises.
- The rent or tenancy agreement should be made for the tenure of 11 months. A clause can be added for the renewal of the agreement every 11 months.
- The rent agreement must be notarized or registered. This Agreement plays an important role for proving the landlord-tenant relationship and the fact that the tenant has dishonoured the conditions laid down in such agreement.
- A legal notice should always be served to the tenant giving him reasonable time to vacate the tenanted premises. A landlord is not allowed to ask the tenant to leave the tenanted premises without furnishing notice to him.
- Never try to evict a tenant through illegal means like removing his articles/furniture from the tenanted premises or cutting off the electricity and water connections. The police also have no role in these disputes, so seeking help from police authorities for getting the property vacated will be of no use. If a landlord is trying to take possession through illegal ways, he is inviting criminal charges upon himself.
- Nonetheless, an NRI should always be vigilant about the status of his property and should not create any delay in taking action against the tenant whenever any of the above-explained situations occur.
Why Do You Need a Civil Lawyer?
Hiring a civil lawyer for the purpose of eviction of a tenant in India is crucial as he is well versed with the provisions contained in the Tenancy laws of that State. Eviction is a time-taking and complicated process, and in most cases, the landlords are not aware of the rules and regulations pertaining to lawful evictions. Your lawyer can protect you from breaching any rule or law during the process of eviction.
FAQs evict a tenant
Yes, the SPA holder of an NRI can enter into a Tenancy Agreement with the tenant. It has to be explicitly mentioned in the agreement that the SPA holder is authorized to enter into the agreement on the basis of SPA executed by the landlord.
No, a tenant cannot dispute the ownership title of an NRI landlord.
An NRI landlord can execute a Special Power of Attorney in favour of a person in India to give him powers for proper representation of the landlord in the Court and to carry out all other required actions related to the eviction process.
In this case, a landlord has to file a suit for recovery against the opposite party to claim the money due towards the rent.
Service of legal notice is mandatory for seeking eviction. Even if the situation turns bad with the tenants, police cannot help in taking possession of the property. Only the Court of Rent Controller under whose jurisdiction the property is located has the power to order for Eviction of a tenant.
Yes, a landlord can file an eviction petition in the Court on the basis of an Oral tenancy. To prove such tenancy, a landlord has to prove in court that he had been receiving rent from that tenant.
Execution Petition is maintainable when the tenant disobeys the order passed by the Rent Controller. After filing of Execution petition, the same Court issues warrants of possession against the tenant and the Bailiff (official person from Court) accompanies the landlord (or the person authorized by the landlord) for taking possession of the property.
Yes, he is well within the right to file for eviction suit.
Subletting the property against the wishes of the landlord becomes a vital ground on the basis of which a landlord can seek eviction of the tenant as well as of the persons in possession of the property.
The rent agreement should include complete particulars of landlord and tenant, description of the property, amount of rent payable, renewal of agreement clause, the notice period for termination of tenancy, the date on which the rent is payable, account details (if the rent is to be paid in the account of landlord), any other terms and conditions agreed upon between the parties to the agreement.
In that event, the Eviction Petition becomes infructuous, and the landlord has to withdraw the same by getting his statement recorded that he has taken over the possession of his property.
After completion of the time period given in the notice, the landlord can approach the Civil Courts and proceed with the filing of the Eviction Suit.