State-specific laws empower landlords in India to serve an eviction notice to a tenant in case he/she fails to meet certain legal obligations. These include failure to pay rent, causing damage to property, violation of rules of the rent agreement, etc.
However, no landlord is free to serve an eviction notice to a tenant on a whim because rental laws in India provide tenants the right to peaceful possession and protection from illegal eviction. In the absence of a valid reason, tenants can defend themselves through a variety of methods if attempts are being made to evict him/her without a valid reason.
See also: Tenant can submit rent in court if landlord refuses to accept it: SC
Relief under Section 5 of Specific Relief Act
The stated legal position is that illegal eviction is a breach of contract, and the aggrieved party can move court and seek relief under the Specific Relief Act.
The 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. The essence of this section is that the person who has the “better title” is entitled possession. The title may be of ownership or possession.
“If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person through whom he has been in possession or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit,” reads Section 6 of the Specific Relief Act.
However, to win his case, the tenant will have to prove that:
- He is in possession of the property in dispute.
- He had been dispossessed of without his consent and without due process of law.
- The dispossession took place within six months from the date of suit.
Meet the rent controller
Rental laws in India are different for each state. In case you live in a state which has rent control laws, you will have to approach the rent controller to get the issue resolved.
In the National Capital Delhi, for instance, the office of the rent controller and Rent Control Tribunal has been given jurisdiction to try matters under the Delhi Rent Control Act.
In the opinion of legal experts, approaching the rent controller is a better option from the point of view of a tenant because state rent control laws and tribunals tend to favour tenants.
“This is because the very intention behind the establishment of these rent controllers and tribunals was to safeguard the interests of tenants against landlords and their atrocities,” said Prabhanshu Mishra, a Lucknow-based lawyer.
“In case of civil courts, the matter could go either and may require a lengthy litigation. But if your case is strong, you have a better chance to get quick relief from the rent controller,” added Mishra.
Legal standpoint
Eviction can’t be ordered only based on demolition notice by municipal body: SC
The eviction of a tenant cannot be ordered merely based on a demolition notice issued by a municipal body under the Maharashtra Rent Control Act, the Supreme Court has ruled. A court must examine if there is in fact an immediacy of the need for demolition, the top court said in an order in January 2024.
While passing its judgment in the Baitulla Ismail Shaikh and Anr. Versus Khatija Ismail Panhalkar and Others, a two-Judge Bench of Justice Aniruddha Bose and Justice Bela M Trivedi said that the conditions under which a landlord can bring an eviction action under clauses (I) and (K) of Section 16(1) of the Maharashtra Rent Control Act, 1999, are different in their operations.
In eviction suit, landlord must pay court fee based on rent payable: HC
Landlords are required to pay a court fee on the rents payable and not the security deposit when filing an eviction suit to throw out a tenant, the Karnataka High Court has ruled.
This is because the landlord is obliged to refund the security deposit amount to the tenant upon vacation of the premises, the court added while giving its verdict in the B Mohammed Kunhi & Anr versus Abdul Saleem Hassan case.
Disposing of a civil revision petition, the single judge Bench of Justice MI Arun said: “In a suit filed by the landlord for evicting the tenant, he is required to pay a Court fee on the rents payable and cannot take into consideration the security deposit, which are the advance amounts paid which he is required to refund to the tenant upon the tenant vacating the premises concerned. It is immaterial whether he terms the same as a premium or an advance or as a security deposit.”
Landlord can ask tenant to vacate property if he genuinely needs it: Bombay HC
As long as the landlord’s needs his rented premises for a genuine reason, he is free to ask the tenant to vacate his property, the Bombay High Court (HC) has ruled. While upholding an eviction decree, the HC said that landlords are the best judge of their residential requirements, and it is not up to the tenant to suggest that the former must “adjust” so that his tenancy can continue,
The dispute pertains to a 319-square-foot (sqft) property South Mumbai. On May 17, 2004, the owners and original plaintiffs issued a notice terminating the tenancy, instructing the tenant to vacate, asserting that the main tenant sublet the premises to without written consent. The landlords also said they occupied about 400 sqft along with 11 family members and required the suit premises.
“Apart from a bare denial of the statement that the premises are required by the landlord for their reasonable and bonafide use and the statement that the landlords have more than sufficient premises, there is absolutely no evidence on record to prove that the need of the Plaintiffs is not genuine or bonafide. The landlords have a large family consisting of more than 11 family members. Their children have grown up. These grown-up children should have enough space and privacy to devote their time to studies, without any disturbances,” the HC said while giving its verdict in the Ajay Mahasukhlal Shah versus Chandrakant Babulal Shah and Others case.
FAQs
What is a rent agreement?
A rent agreement is a document signed between a landlord and a tenant to initiate and govern a tenancy.
Is registering a rent agreement necessary?
Entering into a rental agreement without registration is illegal.
What details are included in a rent agreement?
The following details are included in a standard rent agreement: Names and addresses of the tenant and the landlord Signatures of the tenant and the landlord Monthly rental amount Security deposit Maintenance charges Period of stay Responsibilities/rights of the landlord Responsibilities/rights of the tenant
What is the stamp duty on rent agreements?
Stamp duty on rent agreements can range between 2% and 5%.
What is eviction?
Eviction is a legal process used to make a tenant vacate the premises of a landlord. To make it legal, the landlord must follow the legal protocol.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant on the following charges: •Non-payment of rent •Violation of term of the lease •Subletting without permission of the landlord •Destruction of property •Use of property for illegal or anti-social activity •Any bona fide personal necessity of the landlord
When can a landlord move court if the tenant is not paying rent?
Under the Model Tenancy Act, landlords could approach the court, asking for eviction if the tenant fails to give rent for two months in a row.
| 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 |
