Finding the right tenant and renting out your property is one of the most convenient ways to earn money. But in near future, there might come a situation where you have to evict the tenant on legal terms. Handling tenant eviction can be a difficult task for a landlord. Most landlords face the hassle of dealing with difficult tenants at some point. But, if the tenant goes against any of the terms of the lease, as the landlord, you have legal rights to have the tenant evicted. Here is how a landlord can handle tenant eviction and legally evict a tenant through a justifiable reason.
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Importance of Rent Agreement in handling tenant eviction
A Rent Agreement needs to be signed between the landlord and the tenant stating the details of rented property, rental period, monthly rent amount, and basically everything related to the rent. A rent agreement is very important as it contains the terms and conditions for the lease of the property. It not only contains all the terms and conditions under which a property is given out on rent but also fosters the relationship between the tenant and landlord, and protects their rights. So, a Rent Agreement is technically a legally binding document that gives the tenant the right to live in the property and the homeowner or landlord the right to receive rent.
Legal Grounds to evict a tenant in India
According to the rules and regulations relating to rental laws, the rights of landlords and tenants in India are mentioned under the Rent Control Act . passed by the Government of India, there is certain legal ground on which you can evict a tenant in India. If a tenant doesn’t follow the terms that are listed in the agreement or if there is a justifiable and valid reason that the tenant is breaking the rules, as a landlord, you can file an eviction suit against the tenant to handle tenant eviction. Here are a few grounds on which you can evict a tenant in India.
Non-Payment of Rent
This is one of the common reasons for a tenant eviction in India. If the tenant has intentionally not paid the mutually agreed rent amount for more than 15 days from the due date, the landlord may serve an eviction notice.
Illegal Subletting
If your tenant has sublet your rental property in part or entirety without your prior permission or providing a written request, you can evict the tenant.
Unlawful usage of property
If the tenant has used the property for unlawful purposes or other purposes than mentioned in the rental agreement, you can serve an eviction notice.
Damage to the property
If the tenant damages your property intentionally or refuses to pay for the damages, you have the right to serve an eviction notice to your tenant.
Personal use or renovation
If you need the property for your personal use or you need to repair and renovate the property which otherwise is not possible unless the property is vacated, you can send an eviction notice to your tenant.
Handing tenant eviction: Steps for legally evicting a tenant in India
After establishing the grounds for the eviction, you need to follow this procedure for legally evicting a tenant in India.
Send an eviction notice to the tenant
This is the first step for legally evicting the tenant. As a landlord, you need to file an eviction notice in a court under the appropriate jurisdiction. In the notice, you need to mention the reason for eviction and the time and date by which the tenant has to vacate the property and then send it to the tenant. One thing you need to note here is that the time given to the tenant to vacate the property must be reasonable.
File an eviction suit
In most cases, the tenants leave the rented premises after receiving a legal notice from the court. But if the tenant refuses to vacate the property even after receiving the court’s eviction notice, you can hire a rental property lawyer to file an eviction suit against the tenant. This must be filed in a civil court under whose jurisdiction the rental property is situated.
Court hearing
Upon summoning the tenant to a court hearing, the court hears both sides and issues a final legal notice for eviction for the tenants based on the evidence and the argument on your side. This is the extreme end. Now, the tenant has to vacate the rented property once the court sends the final eviction notice.
Landlords and tenants have certain rights and responsibilities and if either party is not fulfilling their obligations, the other party has the right to address it. Thus, these are the steps you need to follow to handle smooth tenant eviction. As one of the leading property management companies in India, Housewise can save you the whole trouble of difficult tenants by selecting the right tenant for your property. We interview the tenants, do background checks, security checks, run credit reports, and close the deal for you, while you relax at your home. From property advertisement, tenant screening to rent collection, property maintenance, online agreement drafting, and tenant move-in/out, Housewise provides end-to-end property management services.
