How to evict a tenant in India with the eviction policy?

Propertypistol

In India, finding a tenant is one of the easiest ways to earn some extra money. But along with this, lending your property to a stranger is a huge risk. Especially when you have to use the eviction policy to evict the tenant who isn’t vacating the property nor paying the rent.

These days, the landlords take care of all these things before giving their property to a tenant. The landlords are well-versed with all the rules and regulations related to the rental laws.

The Rent Control Act was passed by the Indian Government or Government of India in 1948 to regulate the rentals of the real estate and bring into light the eviction policy. A rent agreement is to be signed under this act where the tenants and the landlords agree on a few terms and policies which include the rent period, amount, and the details of the property.

Grounds to use the eviction policy in India

In case of a valid and justifiable reason, the landlords can file a case against the tenants and apply for eviction. 

  • If the tenant has intentionally avoided paying the rent that was mutually discussed for more than 15 days from the decided date.
  • If the said property has been sublet by the tenant to someone else without the landlord being informed.
  • If the rented premises are used for unlawful purposes that aren’t mentioned in the agreement.
  • If the action of the tenant has caused the loss of property value.
  • If the landlord has received a complaint against the tenant’s actions that are objectionable.
  • If for unknown reasons, the tenant has refuted the landlord’s title in the rented real estate.
  • If the landlord needs his property back for his own occupation or for a relative.
  • The landlord needs his property for renovation purposes which won’t be possible if the property isn’t vacated.
  • If the landlord wants to build another building by demolishing this one.
How to evict a tenant in India with the eviction policy?

Stage 1 – send a notice

The tenant needs to be sent an eviction notice which has been filed in court. Ensure to mention all the valid reasons to evict the tenant. Along with this, one also needs to mention the time and date by which the tenant needs to vacate the property. In most cases, the tenants leave after receiving the legal notice.

Stage 2 – file an eviction suit

In other cases, the tenant may refuse to leave the property and contest the eviction. If this happens, the landlord can hire a professional lawyer or a rental property lawyer and file an eviction suit. This eviction suit is filed under the civil court where the property is situated.

Stage 3 – Final eviction notice

The court will hear both sides and based on the arguments and evidence, will send a final legal notice to the tenant for eviction of the property. According to the eviction policy, if the court sends a final eviction notice, the tenant has to vacate the rented property.

This is the overall eviction policy used in India. Please note that the eviction of a tenant without a proper agreement is difficult due to the absence of proof that the property has been given on rent to the tenant.

Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.

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