Evicting a tenant and getting back your property possession appears to be a significant yet cumbersome process in some instances but is very simple when the property Lease and Rent Control Act of the local authority is followed correctly.
If you need to evict a tenant, you have to follow the proper eviction process for evicting a tenant. Following are a few suggestions and tips for you in this:
- Your initial step for evicting a tenant should be to determine valid reasons under local laws and regulations.
- Following state and local eviction procedures, you need to provide the tenant the required time along with a written notice that you’re terminating their tenancy.
- In a situation, where the tenant is unwilling to relocate or correct violations despite getting the court notice you should file a suit to evict the tenant.
- Keep away from taking any “self-help” eviction measures like altering the tenant’s locks, cutting off essential utilities, physically taking out the tenant’s possessions, or taking retaliatory actions against the tenant. At no stage of the eviction, process landlord is permitted to take illegal actions the tenant; Based on law a tenant can file a criminal case against the landlord, who’s responsible for such conduct.
Rules for evicting a tenant
- Now it is essential to understand the ground on which it’s possible to evict the tenant and his/her possessions from the rental apartment legally via a tenant eviction notice. The different grounds by which the statute enables eviction are listed below. However, you should consult local authority to ensure about the law prevailing in your city or Panchayat:
- Stipulated rent not paid by the tenant voluntarily in excess of 15 days following the rent fell due.
- If the tenant has permitted somebody else to occupy the entire or part of the premises with no consent from the landlord.
- If the use of the property is pointed out within the lease deed and the tenant has placed the property premises into some use apart from described within the deed.
- If the tenant has materially broken your property or has been doing an action leading to depreciating the worth or utility of the property.
- If your property is used for illegal or immoral purposes by the tenant.
If the tenant has created a nuisance and the landlord has had to face objections against him from the other residents of the property or neighbors.
- If the tenant leaves your property unoccupied and unwatched for more than five years, in some way, this rule isn’t favorable in hill stations because of winter migration.
- If the tenant denies the landlord’s title to the property, in which he’s commenced the tenancy under a person, he can’t disown the owner by declaring the property’s title under the name of some other person.
- If the property is needed by the landlord or another person in his family for a residential or non-residential purpose.
- In a situation, when the property is needed by the landlord for repairs which can’t be carried out without vacating the property. When the repair works are completed, then the tenant is entitled to re-enter into the premises.
- In a situation, when the owner intends to destroy the property immediately and set up a brand new property.
- There are a couple of other grounds of eviction pointed out within the statute. However, the above mentioned are the type which can’t be opposed by the tenant against his eviction.
Remember, stay away from taking any “self-help” eviction measures because a tenant can file a criminal case against a landlord. Also, court proceedings regardless of the sort ought to be prevented whatsoever occasions as eviction cases can last as long as 10 or even twenty years.