What is eviction?

The legal process of removing a tenant from a property by the landlord is called eviction. An owner can oust a tenant and protect his property if there is a valid reason.

 

Eviction laws in India

Under the eviction laws in India, there are a few things mentioned here that help in eviction. These are based on the relationship between the landlord and the tenant. An eviction is the bad outcome of the sour relationship between the landlord and the tenant.

 

When can a tenant be evicted?

• Commercial use: A property that has been rented out, stating that it would be used for residential purposes but is used for commercial purposes is illegal and can result in eviction of the tenant.
• Property damage:If there is a proof that a tenant has damaged the owner’s property and refused to get it repaired or pay for the damage, the tenant can be removed.
• Failure to pay rent on time: If a tenant fails to pay the monthly rent on time even after repeated notices and continues it for a few months, it is a ground for his eviction.
• Subletting: A landlord offers his property to the tenant on rent. It is illegal for the tenant to offer this rented property on rent to another person without the knowledge of the landlord.
• Redevelopment: If an owner finds any redevelopment work, then he can ask the tenant to leave and if the tenant is adamant, he can be served with an eviction notice.
• Refuting title of owner’s property: If a tenant with an intent of forcefully abducting the owner’s property by refuting to acknowledge title, then he can be served with an eviction notice.

See also: What options do tenants have against eviction notice from landlords in India?

 

Eviction process

To evict a tenant from his property, the landlord should first start with

• Sending a written notice drafted by a lawyer to the tenant asking him to vacate the rented property. The notice should cite the reason for eviction. The notice should mention the date and time by which the tenant should vacate the property. In most cases, the eviction notice from a court is enough for the tenant to vacate the landlord’s property.
• Eviction suit: If a written notice from a court is not taken seriously by the tenant, the owner can hire a lawyer and file an eviction suit against the tenant. Once done, the civil court registers a case against the tenant.
• Based on this eviction suit, the court hears both the sides of the argument and based on its findings, sends a final eviction notice to the tenant. Once the tenant receives the final judgement, it is imperative for him to vacate the house.

 

FAQs

What is the meaning of eviction?

Eviction is the process to ask a tenant to leave a land or a property, belonging to the landlord, based on some valid reasons.

Is sub-letting a valid reason for eviction?

Sub-letting without the knowledge of an owner is illegal in India and a valid reason for eviction.

What is the law for eviction in India?

Under the law for eviction in India, landlords must cite valid reasons for eviction as per the state’s rental law.

Who can file an eviction suit?

A landlord can file an eviction suit.

Can a landlord evict you without a court order in India?

While a landlord can send a written notice through a lawyer, an eviction and a judgement order from the court can help in eviction of the tenant.

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