Evicting a tenant can be difficult, especially if you don’t know what rights the tenant has in India. It’s important to understand the legal process for eviction and make sure you are following the correct procedures to avoid legal repercussions. In this article, we will discuss the rights of tenants in India and how to evict a tenant according to those rights. We will provide an overview of the steps involved in filing an eviction notice as well as tips for making this process easier for both parties. Read on to learn more about your landlord rights and obligations when it comes to evicting tenants.
Who can be evicted from a rented premises?
As per the Rights of Tenant in India, a landlord can evict a tenant from a rented premises for several reasons, which include:
– Non-payment of rent: If a tenant has failed to pay rent for 2 consecutive months or more, the landlord can serve them with an eviction notice.
– Causing damage to the property: If a tenant has caused willful damage to the property, the landlord can serve them with an eviction notice.
– Violating the terms of the lease agreement: If a tenant has violated any of the terms of their lease agreement, the landlord can serve them with an eviction notice.
– Engaging in illegal activity: If a tenant is engaged in any illegal activity on the premises, the landlord can serve them with an eviction notice.
What are the grounds for eviction of a tenant in India?
There are various grounds on which a landlord can evict a tenant in India, as mentioned in the Rights of Tenant in India. These grounds include:
– Non-payment of rent: If a tenant fails to pay rent for two consecutive months, the landlord can give him/her a notice to vacate the premises.
– Subletting the property without permission: If a tenant sublets the property without taking prior permission from the landlord, he/she can be evicted.
– Causing damage to the property: If a tenant causes damage to the property through his/her actions or negligence, the landlord can ask him/her to vacate the premises.
– Creating nuisance: If a tenant creates nuisance or disturbance in the locality, the landlord can ask him/her to vacate the premises.
What is the process of evicting a tenant in India?
The process of evicting a tenant in India is governed by the Rent Control Acts. The general procedure for evicting a tenant is as follows:
1. The landlord must serve a notice to the tenant, specifying the grounds on which he wishes to terminate the tenancy.
2. If the tenant does not vacate the premises within the specified time, the landlord can file a suit for eviction in the appropriate court.
3. The court will hear both parties and pass an order based on merit.
4. If the court orders eviction, the landlord can execute the order with the help of police or other law enforcement authorities.
