Introduction
The laws governing tenant eviction in India differ from state to state, but the Rent Control Act of each state is the primary piece of legislation that controls tenant eviction. These laws are designed to safeguard tenants from arbitrary evictions and rent increases.
In India, evicting a tenant is a legal process, and the landlord is required to follow the steps outlined in the state’s Rent Control Act. Usually, the procedure starts with serving the tenant with a notice, then a case is filed in the relevant court. Both the landlord’s and the tenant’s arguments will be heard by the court, which will then rule based on the evidence presented.
It is crucial to remember that the eviction of tenant procedure can be time-consuming and expensive, and the landlord needs a compelling reason to evict tenant in order to be successful. Further complicating the eviction of tenant procedure is the tenant’s right to appeal the court’s ruling.
Also Read: Section 144 of CrPC; सीआरपीसी की धारा 144, तथा सजा का प्रावधान
What is the Law for Eviction of Tenant?
The Rent Control Act is a piece of legislation in India that establishes the terms and conditions for renting both residential and commercial buildings while also regulating the interaction between tenants and landlords. The Rent Control Act is enforced at the state level; therefore, there may be differences between states in the act’s requirements and provisions.
The Rent Control Act’s principal goals are to prevent renters from arbitrarily and unjustly being evicted, to limit rent increases, and to offer a method of settling disputes between landlords and tenants. The statute outlines the reasons for eviction, the steps involved, and the renters’ and landlords’ legal rights and responsibilities.
Landlords are not permitted under the Rent Control Act from evicting tenants without a good reason and without following the correct steps advised as per law . Contrarily, tenants are required to pay rent on time and to use the property exclusively as directed under the lease agreement. Additionally, the law places restrictions on rent increases and mandates that landlords supply necessities like electricity and water.
Read Act: Rent Control Act
What are the Grounds to Evict Tenant?
Non-Payment of Rent
As stipulated in the lease agreement, if the tenant is not paying the rent or neglected to pay the rent on time under agreed terms & condition
Violation of Lease Terms/Subleasing
By utilizing the property for illegitimate purposes or subletting it to the another party without the landlord’s consent or knowledge as the tenant has violate the terms of the lease/agreement.
Unauthorized Occupation/Use of Property for Unlawful Purposes
On the expiry of agreement or without the landlord’s consent, the tenant is occupying the property illegally.
Need for Repairs or Renovations/Damage to the Property
The property needs to be unoccupied while the landlord does require to repairs or renovation to the property in issue.
Personal Use
If the property is required to be used by the landlord personally or by members of their family at their own wish.
It is pertinent to note that the grounds for eviction of tenant can vary from state to state as every state has some amendments to its own requirement and understanding, and that the landlord must follow the procedures and requirements specified by the applicable laws.
What are the Steps to be Followed to Evict Tenant by the Landlord?
The Rent Control Acts of each state in India largely regulate the legal requirements for eviction of tenant or take care the dispute resolution to the issues aroused between tenant and landlord. These laws give landlords the ability to reclaim their property under certain conditions and protect renters against unjustified eviction and rent increases.
The following are some of the main clauses of the Rent Control Acts governing tenant eviction:
Notice Period
The first and most important step is to send the notice period to the tenant as per the guidelines prescribed under law for the eviction of tenant. The Notice must carry the notice period to give the time to the tenant to reply or move out from the property which varies state to state or depends upon the landlord.
Grounds for Eviction
There are some of the important circumstances that are mentioned above, such as nonpayment of rent, subleasing, property damage, or use of the property for illicit purposes, allow a landlord to evict tenant.
Court Proceedings
The landlord may file a complaint in the relevant court if the renter does not leave the property after receiving the notice. Both the landlord’s and the tenant’s arguments will be heard by the court, which will then rule based on the evidence presented.
Right to Appeal
The tenant, further delaying the eviction of tenant procedure, may challenge the court’s ruling.
Protection against Unlawful Eviction
The Rent Control Acts protect tenants against forcible eviction of tenant and mandate that landlords complete the correct legal steps before evicting a tenant.
Rent Hikes
Rent increases are governed by the Rent Control Acts, and landlords are not permitted to do so without the tenant’s permission.
It is advisable to the landlord or the concerned individual to follow the proper steps as mentioned above to evict the tenant as it is not advisable to get involved in any kind of manhandling as it shall put the landlord into the trouble and the tenant is open to initiate the criminal proceeding.
Also Read: What is Life Imprisonment And Provisions under IPC 1860?
Landmark Judgement for the Eviction of Tenant
M.C. Mehta vs. Union of India (1987)
Hon’ble Supreme Court ruled that Article 21 of the Indian Constitution’s right to life also encompasses the right to a safe and respectable environment in which to live. The Rent Control Acts should be read in a way that balances the rights of landlords and renters, the court stated, emphasizing the necessity of safeguarding tenants from arbitrary eviction.
Read Citation: M.C. Mehta vs. Union of India (1987)
Jai Bhagwan vs. Smt. Somawanti (1996)
The court concluded that a landlord may only evict tenant if they can demonstrate that they actually need the property for their own purpose. This case dealt with the topic of eviction of tenant on the basis of bona fide requirement. The landlord must establish that their need for the property is legitimate and not just a cover for eviction, according to the court’s ruling.
Mohan Lal vs. Shri Nath (1998)
This case dealt with the issue of tenant eviction of tenant on the grounds of subletting. The court held that a landlord can only evict tenant if they can prove that the tenant has sublet the property without their consent. The court also stated that the burden of proof is on the landlord, and they must provide sufficient evidence to support their claim.
“It cannot be disputed that the Rent Controller has no jurisdiction to decide a claim for possession made on the ground that the defendant is in unlawful possession. The jurisdiction of the Controller is to order eviction of tenant if the landlord Is able to bring his case within one of the grounds specified in the proviso to S. 14(1) of the Act and is able to show that the ban on his right to evict tenant should be lifted as the tenant has violated one or more of the statutory grounds enumerated in S. 14.”
Read Citation: Mohan Lal vs. Shri Nath (1998)
Kailash Nath Associates vs. DDA (2001)
The court concluded that a landlord may only evict tenant if they can demonstrate that they actually need the property for their own purpose. This case dealt with the topic of eviction of tenant on the basis of bona fide requirement. The landlord must establish that their need for the property is legitimate and not just a cover for eviction, according to the court’s ruling.
“(3) Section 74 is to be read along with Section 73 and, therefore, in every case of breach of contract, the person aggrieved by the breach is not required to prove actual loss or damage suffered by him before he can claim a decree. The court is competent to award reasonable compensation in case of breach even if no actual damage is proved to have been suffered in consequence of the breach of a contract.”
Read Citation: Kailash Nath Associates vs. DDA (2001)
These rulings have had a considerable impact on the rights and obligations of landlords and tenants, as well as on the legal framework for tenant eviction of tenant in India. It is crucial to remember that eviction of tenant laws are dynamic and that each case’s outcome will depend on its own particular facts and circumstances.
FAQ
Does tenant have any rights without valid agreement for tenancy?
Yes, even without a written contract, tenants do have some rights provided the tenant is able to prove his tenancy. The Transfer of Property Act, 1882 and the state-specific Rent Control Acts are the main legal documents in India that regulate rental agreements.
The Rent Control Act normally determines the terms of the tenancy in the absence of a documented lease agreement.
Can Landloard Complaint to Police for the Eviction of Tenant ?
No, a landlord cannot evict a renter in India by calling the police. In India, the eviction of tenant procedure is governed by legislation and must be handled by the legal system. Self-help actions are prohibited and may result in criminal or civil consequences, such as changing the locks or taking the tenant’s possessions.
What to do if the tenant is not paying the rent or refused to pay rent?
If the tenant is not paying, rent than the Landlord may initiate the legal proceeding against the tenant as prescribed under Rent Control Act. Which are “Serve a notice: Issue a demand notice: File a case; Obtain a court order and Execution”
What to do to avoid illegal eviction of tenant in India?
According to a ruling by the Supreme Court of India, landlords cannot evict a tenant for at least five years if the rent is being paid on time unless they have a legitimate need for the property themselves. Other issues that should be avoided when evicting a tenant include: The rent agreement should be written with the assistance of a real estate attorney and contain pertinent clauses on the use of the property, termination of the rent agreement, rent amount, etc.
What to do if the tenant refuses to leave even after the eviction notice has been served?
Non-compliance to the eviction notice would entail court action as and when the landlord chooses to start one.
Conclusion
It is quite difficult and tedious process where there any dispute arise between landlord and tenant. Time by time Ho’ble Apex Court have given the guidelines on illegitimate occupants towards the rented property. Finally, the rules in India controlling eviction of tenant seek to strike a compromise between the rights of landlords and tenants. Only specified circumstances and the correct legal procedures may be followed by landlords in order to evict renters.
Disclaimer
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