Last Updated on April 17, 2018 by Legalseva.net
Landlord-tenant dispute is so very common but it is real difficult to evict the tenant out in India but not any longer. This was earlier the case. Now the law is entirely in the favour of landlord if he has a bonafide need or personal necessity, he will get it soon for sure by following due course of law. Simple!
No shortcuts and criminal methods for eviction or else it can have adverse impact. So exercise caution and restraint when asking tenant to move out for a valid reason.
Good News for Landlord and Tenants- Rent and Eviction cases be given priority by courts –Supreme Court.
But what is the due procedure for evicting tenant out of the rented premises. Coming straight to answer, let’s have it here, Steps to Evict a Tenant in India:
1 First and foremost serve the Legal Notice for eviction and cite a just and valid reason to do so within a reasonable time. If rent agreement is in place then follow the exact words and time limit. Notice by landlord to tenant for demand of possession of house after expiry of lease period can also be sent.
2 Know the rent law prevailing upon your place. For Chandigarh, Zirakpur & Mohali it is East Punjab Urban Rent Restriction Act 1949, For Panchkula Haryana Urban (Control of Rent and Eviction) Act, 1973. These rent control legislations safeguard the interest of tenants and landlords.
3 Once done the above two, engage one of the expert Rent lawyers in the City. Let the lawyers and Advocates do their job well.
4 If there is no reply or compliance than better would be filing a Rent petition before the Rent Controller in District Court (Chndigarh, Mohali or Panchkula)
5 If in your area, Rent legislation is not applicable then Suit for Eviction is filed in the same District Court for the same reason that is eviction.
The same is applicable in the cases of lease deeds, licensor/licensee and where there is an absence of written agreement then notice may be given to vacate the property within 15 days as per Sec 106 of Transfer of Property Act.
What happens in a Rent Petition?
The petition is heard, rent is assessed, arrearsn or mesne profits are calculated, the reason for eviction is scrutinized upon evidences lead by both the parties, reply, rejoinder is taken and finally after hearing the argument on merits the rent is decided.
Against the award of rent controller lies appeal before appellate rent controller and if still dissatisfied, then go to High Court in Revision. So clearly, it takes time to evict tenant from the rented premises via due course of law.
Once the order is in your favour, you can take the police force with you and evict the tenant.
Grounds on which tenancy can be vacated:
1 Using the premise other than mentioned in rent agreement.
2 Not paid rent for 15 or more days.
3 Sublet the premises without permission of landlord.
4 Loss of utility or value of property.
5 Premises used for illegal , immoral purpose causing nuisance for neighbours.
5 For bonafide self necessity, self occupation or bring major repairs that can’t be done without eviction.
Also Read- Punjab and Haryana High Court raps Judge for Adjournments in a Rent Appeal before it.
Landlord must not forcefully evict the tenant by illegal means as this will move against him. Also don’t let tenants stay for a really long period as they may take plea of Adverse Possession (up to 12 years).
You have to deal very tactfully with a tenant refusing to vacate. At times, false police complaint by tenant/landlord also gets filed. So you have to be wary of that situation.
Also Read- Court gets Rana Gurjit’s son to vacate rented house in Jalandhar.
This post may serve as your guide to How to Evict a Tenant legally. Engage an expert Rent Lawyer/Advocate who is an expert in handling Rent Matters before District Court Chandigarh, Panchkula, Mohali and Zirakpur. Property lawyers/attorneys may also assist you in giving the right advice regarding your property on rent.
If you have any questions on the subject matter or need any help regarding sending Legal Notice to Tenant for eviction, feel free to ask at 99888-17966 or email at [email protected].
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