How To Evict Tenant Lawfully In India?

Laws pertaining to rent regulations:

The law pertaining to rent and rent control was enacted in the year 1948 as The Rent Control Act.  Following this enactment that served as a Union law, several states took into making amends and additions in the law to suit the needs and businesses in the state. These state laws and amendments carry small differences from the Union enactment. The Rent Control Act, 1948 was enacted to regulate the rules of letting out property and ensuring that neither the landlords or the tenants exploit each other. The act is seen as a tenant centric law, however, there are provisions to safeguard the rights of landlords as well.

On pursuit of amending this tenant centric part of the act, the Union Government has framed the Model Tenancy Act, 2019. This act will serve as a modal for all states and Union territories and they can either choose to adopt or reject it. The states have such liberty in allowing or not allowing a law regarding rent is because land falls as a subject under the State List.

The Modal Tenancy Act, 2019 aims to bid a balance between the interests and rights of both the landlords and the tenants which the current law does not address.

What is a rental tenancy?

Rental tenancy is nothing but a form of lease, where there is a temporary transfer of the property from the owner (lessor) to the tenant (lessee). As defined in Section 105 of The Transfer of Property Act, 1882, A lease of immovable property is the transfer of right to enjoy such property, made for a certain time, express or implied or in perpetuity in considerations for a price paid in the form of money, share of crops, service or anything of value to be rendered periodically or on specified occasions to the transferor by the transferee.

The transferor in the case of a rental lease is the landlord and the transferee is the tenant, the consideration paid is the rent. The difference between a lease and a rent is that the lease period lasts for twelve months, while a rent period lasts for thirty days.

Rights of a landlord to evict a tenant:

The rights and liabilities of the lessor and lessee are specified in the Transfer of Property Act, 1882, however, rights specific to a landlord and a tenant is specified in the Rent Control Act, as much as the tenants are protected from arbitrary eviction from the house he or she is living except for defined reasons and on defined conditions, the landlord is vested with the right to evict the tenant if the tenant is guilty of certain specified acts and also when the landlord requires the house for his own personal occupation. The common grounds to evict a tenant are the same throughout the country except for some states were certain provisions do not apply.

The landlord can evict a tenant on the happening of these circumstances or grounds:

1. When the tenant has failed to pay the amount which was mutually agreed with the landlord intentionally within a period of 15 days.

2. If the tenant has allegedly rented a part of the property to another person.

3. The rented property had been used to commit unlawful activities by the tenant.

4. The actions of the tenant had led to the destruction of the rented property

5. If the landlord receives complaints from the neighbors against the tenant and those were found to be questionable.

6. If the tenant is disproving not being the landlord of the rented property intentionally.

7. If the rented property has to be put up for renovation which is not possible unless the property is vacated

8. If the landlord requires the rented property for your personal use.

9. If the landlord plan on the construction of another building which requires the demolition of the rented property.

The process of eviction:

Stage I – Send a legal notice to the tenant to vacate:

An eviction notice needs to be filed in a court of appropriate jurisdiction. The notice should mention the date and time within which the eviction should take place along with reasonable justification for the eviction. The time should be reasonable.

Stage II- File an eviction Suit:

If the tenant refuses to vacate the property, an eviction suit can be file against the tenant in a civil court of appropriate jurisdiction.

Stage III- Final Eviction Notice:

The court hears both sides and issues a final legal notice for eviction for the tenant based on the arguments and evidence present. The tenant has to vacate the rented property once the court sends the final eviction notice.

This is the tenant eviction process in India, however, the eviction of the tenant without a rental agreement is difficult as there is no proof of property being given on rent to the tenant.

This article has been written by Harini Muruganandam, student of 2nd Year, B.Com.LLB( Hons.) at Tamil Nadu National Law University.

Also Read – Remedies Against Forceful Eviction Of Tenant

Law Corner

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