In India, legislation administering tenancy partially favors the tenants. All the legislation provision related to the tenants and landlords take shelter under the Rent Control Act, 1948 which was introduced with the idea to diminish the exploitation of tenants by landlords, however with time, the situation seems to be cunning on both sides, landlords and tenants both face the serious issue. The procedure to lease a house or any residential areas is exhaustively excruciating. Taking the tenant and consenting to a rental arrangement with the person who is not familiar is not as easy as it seems. There have been various cases, where the many landlords have faced problems with tenants, not keeping the residential proficiently, late deposition of rent, still living after the termination of the rental agreement. To take any legal action to vacate the residence from the tenant, eviction is the first civil recourse for a landlord to get his tenant expelled from his residential area. In a case where a tenant doesn’t comply with the notice, the landlord can sue for notice in the court for the tenant’s eviction. The legislation emphasizes the tenancy or rental agreement to be more precise about strict clauses, the period of renting, the procedure to increase the rent, and other such things. But somehow if the landlord wants to evict the tenant he, there are various justified and specific conditions mentioned,
If the tenant knowingly refuses to pay the rent payment (as specified in the rental agreement) for more than 15 days after the due date, the eviction suit can be brought against him. If the tenant has subordinated an already leased house/flat/property to another party without the landlord’s permission or acknowledgment. If the landlord is looking to build another house that would entail the destruction of the current land. If the landlord needs the property for his own business, or for some member of his family. If there is a loss of property’s estimation or its utility inferable from the tenant’s activity, If there is a prerequisite to fix or redesign the property which is beyond the realm of imagination without emptying the property, If the tenant has used the property for purposes that don’t agree to the Indian law. If the surrounding locals find any activity of the tenant offensive and the landlord gets unending grumblings in regards to the equivalent.
At the point when the landlord needs his rented property to be emptied, he will send a letter or notice to the tenant to move out. The landlord has the privilege to request his property again from the tenant after giving a reasonable time, although the reasonable time might be subjective, 21 days is considered to be minimum. In spite of the fact that it isn’t obligatory, notice to the tenant to vacate the rented property is a legitimate and formal way of notification for the landlord who needs his rented property to be vacant. Eviction Notice by the landlord to the tenant can be considered a type of proof in the Court of Law to demonstrate that the tenant was given a sensible opportunity to make the important courses of action to move out. Once in a while, there are circumstances where landlords give the reason to vacant the rented property for a specific time. In any case, now and again, the tenant needs to empty it before the finish of the rent agreement period. In such circumstances, the landlord sends vacant notice to the tenant about clearing the property. The vacant notice letter from the landlord to the tenant ought to be on a legal advisor’s letterhead to show that the landlord is keen on starting a lawful suit if the tenant doesn’t vacate the premises.
The procedure to distance the tenant through the eviction includes the phases, the first phase is to send a notice to the tenant, an eviction notice should be recorded in a court under the judicial review referencing the purpose behind expulsion and the time and date by which the tenant needs to clear the property and is then sent to the inhabitant to abandon the investment property. The landowner must give a sensible chance to the tenant to empty the rented property. In most cases, the tenant leaves the leased premises in the wake of accepting a lawful notification from the court. Another phase includes filing of eviction suits If the tenant declines to abandon the leased property in the wake of accepting the court’s eviction notice and challenges the eviction. For this situation, the landlord can enlist a rental property legal advisor to document an expulsion suit against the tenant/occupant. The suit for the expulsion of the tenant is recorded in a civil court, keeping the court’s jurisdiction where the rented property is situated. The last phase for the eviction is the final eviction notice, after hearing both sides issues, the court issues a notice for eviction for the tenant dependent on the contentions and proof present. The tenant needs to empty the leased property once the court sends the last eviction notice.
This article is written by Sarthak Gupta, student of Second-year B.A L.L.B. at Institute of Law, Nirma University
Also Read: Rights of Tenants in India
