Here Is How To Legally Evict A Tenant In India

Having a tenant can be an extra source of income or can even turn into an absolute painstaking experience depending on the type of the tenant. Many major metropolitan cities see a lot of tenants occupying flats owing the jobs they have in the city. The landlords generally go through a long process to select the right tenant, however, they still sometimes face many problems from them. Read on to know more about how to evict a tenant by way of a legal process.

Meaning of a tenant

To explain in simple terms, tenant is any person who rents a property from the landlord on lease. A tenancy agreement is executed between the landlord and the tenant and the tenant agrees to pay a monthly rent and maintenance as decided and mentioned in the agreement.

Grounds on which a tenant can be evicted

There are certain grounds on which a tenant can be evicted from the rented place. Let us look at these reasons:-

1. Wilful default in paying the rent- A continuous and wilful default in paying the rent by the tenant is a valid ground for eviction. The rent agreement normally mentions the date on which the rent is to be paid every month and a delay of 15 days and above can be the cause of eviction.
2. Subletting- The tenant can use the property only for his own use and in case if he sublets the place to any other party, it is a ground for eviction. The subletting is also illegal.
3. Commercial use- Any residential property which was leased for residential use cannot be utilised for commercial purposes. In case a tenant is using the residential property as commercial, it qualifies as a ground for eviction.
4. Complains from society- If there are any genuine complains from the society about the tenant and the nuisance that he is creating, the landlord can ask him to vacate the property.
5. Property Damage- Any kind of temporary or permanent damage caused to the property is a valid ground for eviction.
6. Others- It may happen that the landlord wants to use the property himself or use it for some other purpose. In such cases, eviction can be processed by giving notice as per the agreement.

Process of eviction

The process of eviction is fairly simple and involves the following steps:-

1. Writing and delivering the eviction notice to the tenant –

The landlord is required to give a reasonable time to the tenant to vacate the property and the same is done by serving an eviction notice specifying the reasons for eviction. The notice should also mention the date and time by which the tenant has to vacate the property. The notice is needed to be filed in the court which has the jurisdiction which sends it to the tenant.

2. Filing an eviction suit –

In case, the tenant refuses to vacate the property after receiving the eviction notice then the landlord can file an eviction suit against the tenant. The suit is filed in the civil court under whose jurisdiction the rented property is situated.

3. Eviction of Tenant –

Once the case is presented in the court, the court will hear both the parties and issue appropriate orders.

When an eviction is termed illegal?

An eviction can be termed illegal if:-

1. Notice of eviction is not provided beforehand.
2. Period of stay not considered.
3. A valid reason for eviction not mentioned.

Notice period mentioned in the agreement not adhered to.

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