There are national and state-specific laws in India that allow landlords to evict their tenants if they do not adhere to the terms and conditions of the rent agreement. Sometimes, landlords encounter difficult tenants who pose problems such as failure to pay rent, violating the contract and subletting the property or causing damages to the property. The situation may become stressful if the tenant refuses to vacate the property. Dealing with such tenants can be mentally and financially challenging. While landlords focus on preparing their house to rent out their property for attractive rental income, it is also important for them to be aware of their rights in case of any unfavourable situation. In this guide, we explain the legal rights of landlords when trying to evict a difficult tenant.
Know the reasons to evict a tenant
Every landlord should ensure the eviction terms are specified in the rent agreement. They must check this clause they must check to protect their interests and prevent disputes with their tenants. Moreover, the landlords should be aware of the reasons to evict the tenants to protect their rights:
- Failure to pay rent: This is one of the common reasons for tenant eviction in India, where a tenant fails to pay the rent on time. This causes financial challenges for the landlords, forcing them to take action to get their property back.
- Damages caused to the property: If a tenant chooses to make structural changes to the property without the landlord’s permission or causes severe damages, the landlord may decide to evict the tenant.
- Unlawful activities: If a tenant is involved in illegal activities or running a business on the rented property without the landlord’s permission, this gives reason for a landlord to take action against the tenant and force the tenant to vacate the property.
- Subletting: A landlord may evict a tenant if the tenant sublets the property without the landlord’s approval.
- Breach of terms: In case a tenant fails to fulfil the terms of the rent agreement or there is a breach of contract, the landlord may decide to evict the tenant.
- Refusal to renew the agreement: Upon expiration of the rent agreement, a landlord may go for eviction of the tenant if they do not want to renew the agreement or serve a notice to terminate the lease.
What to do if a tenant refuses to vacate?
Without a valid reason, a landlord cannot serve an eviction notice to a tenant. According to the rental laws in India, tenants have the right to peaceful possession and protection from illegal eviction. Thus, a landlord should ensure there is a valid reason they are seeking tenant eviction. A landlord should ensure the terms and conditions are clearly mentioned in the rent agreement, including the eviction clause.
Communicate with the tenant
The first step a landlord can take is to have a conversation with the tenant to understand why they are not vacating the property. Make sure to schedule a meeting with the tenant and mention the reason why you are asking the tenant to vacate the property. The landlord should be polite and professional while conveying it to the tenant.
Â
Send an official notice
In case the verbal discussion with the tenant does not work, the landlord can send an official notice asking the tenant to vacate the property, stating the reason for eviction and specifying the timeline and duration of the eviction.
Â
File a complaint with Rent Authority
If a tenant refuses to vacate the property, the landlord can file a complaint with the Rent Authority in their state. They must provide supporting documents. The authority will review the complaint and issue an order.
Serve a legal notice
When a tenant refuses to vacate despite the clear terms and conditions being specified in the agreement, a landlord can serve a legal notice to the tenant asking them to vacate the property within a specified time. An eviction notice should be filed in a court. The landlord must give the tenant adequate time to vacate the property. The notice period is usually between 15 to 30 days, depending on the state laws and the agreement terms. Typically, tenants vacate the property upon receiving a legal notice from the court.
Wait for the tenant to respond
The landlord should note that tenants have the right to respond to the eviction notice. Tenants may choose to rectify the issue stated in the legal notice, vacate the property as required or contest the eviction notice if they believe it is unfair.
File an eviction suit
If a tenant does not vacate the property even after receiving a legal notice from the court and chooses to contest the eviction, the landlord can file an eviction suit against the tenant. For this, one should approach a lawyer. The eviction suit should be filed in a civil court under the jurisdiction of which the rented property is located.
Once the matter reaches the court, it will observe the arguments and evidence presented by both parties and issue a final legal notice for eviction to the tenant. The tenant must vacate the rented property after the court’s decision and upon receiving the final eviction notice.
Laws that protect tenants against eviction
Transfer of Property Act 1882, the Model Tenancy Act and the Rent Control Act state the rules for landlords and tenants. However, there are provisions in laws that protect the interests of both parties. We will discuss some provisions that tenants may use to protect their interests:
Injunction suit
There may be scenarios where a tenant has a valid reason not to vacate the property, such as a medical emergency or any other issue. In such cases, the tenant may file an injunction suit in a court of law. This will prevent the landlord from evicting them. This is applicable when the landlord forces the tenant to leave without notice.
Approaching the Rent Controller
A tenant can approach the rent controller of their jurisdiction in case they find they have received an eviction notice on false grounds. The tenant must visit the court on the summoned date to present their case and they must share proofs to support their cases.
Â
Section 5 of Specific Relief Act
In case of illegal eviction, a tenant seeks relief under the Specific Relief Act. Section 5 of the Specific Relief Act provides that a person entitled to the possession of the specific immovable property can recover it in the manner provided by the Code of Civil Procedure, 1908.
Click to read this article on what options do tenants have against eviction notice from landlords in India?
Tips to prevent problems with tenants
- Review the rent agreement: Ensure the rental agreement has clauses related to rent payment, default on payment and termination of the agreement.
- Tenant screening: When choosing a tenant for your property, make sure to do proper background checks. You can seek a reference from the tenant and enquire about the previous landlord. Ask for the tenant’s permanent address. Further, police verification is mandatory in many states. This can be done online by visiting the official police authority portal.
- Maintain documentation: Landlords should ensure proper documentation is in place for every communication with the tenant, payments, notices, etc.
- Register the rent agreement: When renting out a property, make sure the rent agreement is registered in the court instead of getting a notarised agreement. A registered agreement is legally valid in case of a dispute between the landlord and the tenant.
Things to avoid while you are waiting for the tenant to evict
Calling the police
Landlords should not call the police to evict a tenant as the police do not have the legal right to evict the tenant. Â They should avoid any conflict with the tenant if they find the tenant has violated the contract. Instead, they must take the legal path.
Self-help eviction
This refers to the process where a landlord tries to remove a tenant from their property without adhering to the legal procedures. It is considered illegal as per Indian laws. Landlords should be aware that they cannot evict a tenant or threaten to evict a tenant unless they have an eviction notice from the court.
Actions that refer to self-help eviction
A landlord should avoid engaging in activities
- Changing the door lock when the tenant is away
- Moving tenant’s belongings from the house
- Spreading false information about the tenant
- Turning off the utilities
- Removing the tenant by force
These actions can result in criminal charges against the landlord as per the law.
Housing.com News Viewpoint
Tenant eviction in India is governed by the Model Tenancy Act of 2019 and the Rent Control Act of 1948. Sometimes, a landlord may have a difficult tenant even after thorough checking. Evicting a tenant with legal assistance involves time and expenses. Typically, landlords resort to legal methods when it becomes challenging to handle tenants. Thus, it is essential to have a sound understanding of landlord rights in India. You can consult a lawyer for guidance.
FAQs
What is the fastest you can evict a tenant?
In case of difficult tenants, you can send a legal notice from the court asking them to vacate the property.
What if my tenant refuses to leave?
In case the tenant refuses to leave and you have a valid reason to evict the tenant, you can file a complaint with the rent authority or send a legal notice to the tenant.
Can a landlord forcefully evict a tenant?
A landlord cannot forcefully evict a tenant. There should be a valid reason and proper procedure as mentioned in the terms and conditions of the rent agreement.
Can police evict a tenant in India?
Police do not have the authority to evict a tenant in India. Landlords must get a court order for tenant eviction.
Can a tenant vacate without notice?
Usually, the rent agreements mention a clause stating the scenarios for terminating the tenancy and the notice period required. In case a tenant vacates the property without notice, the landlord may forfeit the security deposit.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com |
