PROCEDURE FOR EVICTION OF TENANTS

This article is written by Vani Khandelwal of 3^rd Semester of Symbiosis Law School, Nagpur

ABSTRACT

This article titled, “Procedure for eviction of tenant” deals with the steps to be followed during the eviction process. The article begins with a brief introduction on the eviction process. It further states the rights of a landlord as well as a tenant. The basic grounds on which a tenant can be evicted is also mentioned in the article. All the necessary parts of an eviction notice are described thereafter. Lastly, the article also contains a sample of an eviction notice followed with a conclusion.

KEYWORDS: Tenant, landlord, eviction, process, notice

INTRODUCTION

It’s challenging to find a house or apartment to rent. Finding a tenant, you can trust with your property and entering into a leasing arrangement with them takes work. By lending his possessions to a stranger, one assumes a significant risk. After renting out their property to tenants, the owner frequently needs the space for personal purposes or must evict the tenant for various reasons, many of which may be attributable to the tenant. However, despite repeated requests from the owner, the tenants may frequently refuse to vacate the space. This article seeks to assist property owners in evicting tenants from their rental units.[1]

The eviction process is removing a tenant from a rental property by following a legal process as set forth by local law. In India, the parties frequently use a civil attorney who specializes in rent disputes to assist them in obtaining redress from the Indian court. Most of the terms of the lease control the landlord-tenant relationship. The Rent Act, which is applicable to the parties, establishes the general framework for landlord rights and obligations as well as tenant rights and responsibilities, within which the agreement is to be interpreted.[2]

RIGHTS OF THE LANDLORD

The landlord has the following rights:

1. Pick the tenant,
2. Get the rent in on time, and get the security deposit
3. Evict the tenants to make way for renovations
4. Obtain the tenant’s information if he is performing any repairs.
5. Aim to evict the renter using legal means.[3]

RIGHTS OF A TENANT

The tenants have the following rights:

1. The ability to enjoy peaceful possession while being protected from wrongful eviction.
2. Fair rent.
3.  Return of the security deposit upon quitting the property.
4.  Conveniences for reasonable living.

GENERAL GROUNDS OF EVICTION

The general grounds of eviction are as follows:

1. Failure to pay rent.
2. Violation of the contract’s terms.
3. Subletting without the landlord’s consent.
4. Actions that reduce the property’s value.
5. Utilizing the property for improper or unwelcome conduct.
6. The landlord’s legitimate personal need.[4]

In the case of Achintya Kumar Saha v. Nanee Printers[5], it was stated, “in the view of the rent control laws and the concept of statutory tenancy evolved in the respect of urban building it is now generally necessary to determine tenancy by a notice to quit before claiming ejectment on grounds admissible under such laws.”

NECESSARY ELEMENT OF A VALID NOTICE

It is crucial to properly create and include all pertinent information in an eviction notice because there have been instances where lawsuits have been dismissed solely due to flaws in the eviction notice. The eviction notice’s crucial components are:

1. The notice: The notification must be in writing and signed by the tenant, landlord, or the person providing it.
2. Valid and Justified reason: A landlord may only serve a notice of eviction if there is a good and sufficient justification for doing so. As stated in the ruling in the case of Narayan v. Kunbhan Mannudiar[6], the justification for asking the renter to vacate the property must be valid and cannot stem from a simple demand for further possessions.

Some of the grounds for eviction are given as follows:

1. Failure to pay rent (not on time or in full): If the tenant is even 15 days late, the landlord has the option of evicting them. A notice of eviction may be issued if the tenant fails to pay rent or leave the rented space.
2. If the renter in any way damages the landlord’s property, the landlord has the right to ask the tenant to leave the premises.
3. Posing a risk to the landlord’s or his family’s health or safety while on the lessor’s property: Tenants are required to exercise caution when performing any tasks on rented property, and if they do anything that could endanger the landlord’s or his family’s health or safety, they may be requested to leave.
4. Lessee’s violation of the conditions of the rental or lease agreement: The renter is required to adhere by all of the provisions outlined in the agreement when they sign the rental or lease and may not take any action that conflicts with them.
5. Tenant utilizes the property for improper reasons: If the tenant makes use of the property for improper or illegal purposes, the landlord may order him to vacate the premises.
6. If the owner has an immediate need for the property: The notice of eviction may be issued if the owner needs the property for his own use or if any member of his family requires it immediately.
7. When there is one co-owner: If the landlord has a co-owner, both of them may act as the landlord separately, and any notice given by any of them will be considered genuine and legal.

In the case of Sri Ram Pasricha v. Jagannath[7], the court held, “a co-owner is as much an owner of the entire property as a sole owner of a property is.”

• Terms of notice: The tenant must get an eviction notice from the landlord with enough time to evacuate the property or make the required payments, as the case may be. The period of time must be in accordance with the parameters outlined in the rental agreement, and if they were not clearly stated in the eviction notice, then sufficient time must have passed by that point for the tenant to be called before a judge in accordance with state laws.

The tenant cannot be forcibly removed by the landlord. He is not even able to immediately evict him by calling the police. The landlord may be held legally responsible if the tenant uses illegal means to leave the property, such as shutting off the water or power, throwing out his possessions, or taking harsh action on his own.

• Communication of notice: If there are multiple tenants, each one must receive and refer to the notice. Either the renter will receive the notification directly from the landlord, or a servant will. In accordance with the Indian Contracts Act of 1872, there is also a mechanism for delivering notices by postal service.

The notice may be issued by the landlord himself, taking care to include all pertinent information in it in accordance with the state’s Rental Agreement and Tenancy Act, or he may ask a lawyer to draft it and serve it on the tenant.

• Accept or reject: The renter has the option of amicably resolving the conflict with his landlord. If not, the owner may issue a notice of eviction, and the tenant’s decision as to whether or not to abide by the provisions of the notice will be left up to him. If the notice is delivered by mail and there is no response, it can be assumed that the tenant is unwilling to agree to the owner’s requirements.[8]

SAMPLE OF THE EVICTION NOTICE

1. Date of issue
2. Name of tenant
3. Address of tenant’s native residence
4. State
5. Pin code of tenant
6. Name of landlord
7. Reason for eviction

After receiving this notice, you have 30 days to leave the property.

The landlord may attempt to enforce this termination on legal grounds and subject you to legal ramifications if you continue to occupy the property on or after the date that you are required to evacuate.

At this point, you are permitted to present your own defense. You may also ask for a meeting to examine the reasons for the eviction, including the infractions and the rationale for the rent termination. This will be handled in court by the landlord or his/her accomplices with the assistance of counsel. If you ignore this notice of termination, the landlord will not be liable for following the law’s prescribed evacuation procedures.[9]

Respectfully,

Signature

Name of Landlord

CONCLUSION

Many landlords have expressed their displeasure over renters who fail to pay rent on time, keep the property in excellent condition, or stay over the agreed-upon duration of the renting agreement. To solve the problem of rent and rent control, the Rent Control Act of 1948 was created. After it was passed, acting as a law of the Union, other states started adding to it and changing it to better suit their needs. These state laws and amendments diverge slightly from federal law. The Rent Control Act of 1948 was established to regulate the rules governing real estate rentals and make sure that neither tenants nor landlords take unfair advantage of one another. The law has provisions to protect the rights of landlords as well, but it largely targets tenants.[10]

Tenant eviction is a difficult process that needs to follow the law and particular protocols. Both landlords and renters must be familiar with India’s eviction rules in order to defend their rights and interests. The Rent Control Act of 1948 established rules for the eviction procedure to prevent tenants from being forcibly removed from their homes. It is essential that landlords have a valid rental agreement in place that outlines the specifics of the tenancy. Landlords are required to provide tenants a notice to vacate, outlining the reasons for the eviction and giving them a fair amount of time to leave the property, in order to start the eviction procedure. If the renter disobeys, the landlord may bring an eviction action in the relevant civil court. The court’s final eviction order is issued after both parties give testimony and evidence during the court processes.[11]

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[1] How to evict a tenant in India; Ipleaders; Available at https://blog.ipleaders.in/how-to-evict-a-tenant-in-india/

[2] Steps of the eviction process; nrilegalservices; available at https://www.nrilegalservices.com/eviction-process-and-work-in-indian-courts/

[3] Steps of the eviction process; nrilegalservices; available at https://www.nrilegalservices.com/eviction-process-and-work-in-indian-courts/

[4] Steps of the eviction process; nrilegalservices; available at https://www.nrilegalservices.com/eviction-process-and-work-in-indian-courts/

[5] Achintya Kumar Saha v. Nanee Printers (2004, 12 SCC 368)

[6] Narayan v. Kunbhan Mannudiar (1947) 2 MLJ 559

[7] Sri Ram Pasricha v. Jagannath (1976, SCC 184)

[8] Eviction of a tenant; https://vakilsearch.com/blog/how-to-send-a-layer-notice-to-tenant-for-vacate-premises/#:~:text=’Name%20of%20the%20Landlord’%2C,Address%20of%20the%20rented%20property

[9] Eviction of a tenant; https://vakilsearch.com/blog/how-to-send-a-layer-notice-to-tenant-for-vacate-premises/#:~:text=’Name%20of%20the%20Landlord’%2C,Address%20of%20the%20rented%20property

[10] How to evict a tenant, https://blog.ipleaders.in/how-to-evict-a-tenant-in-india/#:~:text=An%20eviction%20notice%20must%20be,to%20quit%20the%20rented%20property.

[11] Eviction of a tenant; https://www.legalserviceindia.com/legal/article-11856-how-do-you-evict-a-tenant-.html