One of the easiest and most simple methods to make money is through renting out property, but doing so entails a significant amount of risk. In some cases, you may need to evacuate a tenant because they are not paying their rent or leaving the property, thus you need to do so. The Rent Control Act, which the Indian government approved in 1948, outlines the legal entitlements of homeowners and tenants in India and mandates that landlords follow certain rules and regulations in order to avoid situations like these. Today, landlords take extraordinary care to avoid these scenarios.
The governments of the states enacted this Act to control residential rentals and evacuations of tenants. A Rent Agreement that specifies the specifics of the leased property, the period of rental time, the recurring rental amount, and the parties involved must be signed by the owner of the property and the tenant in order to be in compliance with this Act.
When You can Evict a Tenant
When there is a justified and legitimate justification for such a step, Indian rental rules permit landlords to bring an eviction claim against the renter.
Rent that was agreed upon by both parties has been purposefully delayed for a period of more than 15 days.
The tenant violated the terms of the rental agreement by using the property for improper or unauthorized uses.
Whatever the tenant did, it reduced the value or utility of the property.
For an unidentified cause, the tenant has willfully challenged the landlord's ownership of the rented home.
Without asking the landlord beforehand or making a formal written request, the tenant leased a rental unit to another individual.
In order to support themselves or any members of their family, the landlord requires their property.
Because doing so would require the property to be vacant, the landlord has to use the house for repairs and renovations.
The property will need to be demolished in order for the landlord to develop another one.
Process to Evict a Tenant as Per Tenant Rights India
An eviction notice must be delivered to the tenant informing them that they must leave the rental property and stating the grounds for eviction as well as the date and time by which they must do so.
After obtaining a court-issued eviction notice, the tenant has the option to refuse to leave the rented home and dispute the eviction. To remove the tenant in this situation, the landlord may retain legal counsel for rental properties.
After hearing arguments from both parties and considering the facts and arguments presented, the court issues the final legally binding notice of eviction for the tenant. Upon receipt of the court's final eviction notice, the tenant is required to leave the rented property.
This is how tenants are evicted in India, however it might be challenging to do so without a rental contract because there is no documentation showing that the renter was given a specific piece of land to rent.
Conclusion
Unless the owner legitimately needs the home for his or her own use, the landlord can't remove a tenant for at least five years if the lease fee is being paid on time, according to the Supreme Court of India. If tenant is not paying rent on time then the tenant in issue might get a formal notice outlining the rent that is due, requesting compliance or eviction, and outlining the next steps you'll take if they don't comply. If you are struggling with same situation like this, we are always ready to help you. Contact us on below details.
Contact Number - +919714390222
Email Id – support@anilrathore.com
Website - https://www.anilrathore.com
Comments