5/11/2016

Evicting a Tenant
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Evicting a Tenant

Evicting a Tenant
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Category: Community

Living , House

Possession , Legal , Owners

Association , Property , Property Renting , Property Renting Posted On: Apr 11, 2012
Evicting a tenant and getting back your propertys
possession seems to be quite a cumbersome process
in some cases but is quite simple if the Buildings
Lease and Rent Control Act of the local authority are
followed properly.
If you have to evict a tenant, you must follow the proper
process for eviction. Following are some tips and
suggestions for you in this regard:

Your first step for evicting the tenant should be to

determine valid reasons under local laws.
Following state and local eviction procedures,
you should give the tenant sufficient time and a
written notice that you are terminating his or her tenancy.
In case, the tenant is reluctant to move out or correct violations even after receiving the court notice you
should file a lawsuit to evict the tenant.
Keep away from taking any self-help eviction measures like changing the tenants locks, cutting of
essential utilities, physically removing the tenants possessions, or taking retaliatory actions against the
tenant. At no stage of the eviction process is a landlord allowed to take illegal actions against the tenant,
According to law a tenant can file a criminal case against the landlord, who is guilty of such conduct.

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Rules for evicting a tenant

Now it is very important to understand the grounds on which one can remove the tenant and his/her possessions
from the rental property legally. The various grounds on which the statute enables eviction are as follows but you
should consult your local authority to make sure about the law prevailing in your city or panchayat:

Stipulated rent not paid by the tenant willingly for more than 15 days after the rent fell due.
If the tenant has, allowed some other person to occupy the whole or the part of the premises without the
consent of the landlord.
If the use of the property is mentioned in the lease deed and the tenant has put the building premises into
some use other than mentioned in the deed.
If the tenant has materially damaged the building or has done an act resulted in depreciating the value or
utility of the building.
If the building is used for some illegal or immoral
purposes by the tenant.
If the tenant has created nuisance and the landlord
has to face objections against him from the other
tenants in the building or from neighbours.
If the tenant has left the building unoccupied and
unattended for more than five years, Somehow this
rule is not favorable in hill stations due to winter
migration.
If the tenant denies the landlords title to the
building, wherein he has commenced the tenancy
under a particular person, he cant disown the landlord by declaring the buildings title under the name of
some other person.
If the building is required by the landlord or any other member of his family for residential or non-residential
purpose.
In case the building is required by the landlord for repairs which cannot be carried out without vacating the
building. It is required to note down that once the repair works are completed then the tenant is entitled to reenter the premises.
In case the landlord is planning to demolish the building immediately and put up a new building.
There are a few other grounds of eviction mentioned in the statute, but the above mentioned are the ones
which cannot be resisted by the tenant against his eviction. Always remember, keep away from taking any
self-help eviction measures because a tenant can file a criminal case against the landlord. Also, court
proceedings of any type should be avoided at all times as eviction cases can last up to 10 or even 20 years.
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16 Responses to Evicting a Tenant

Vikash says:
April 15, 2012 at 10:35 pm
Very informative article! Actually I am an owner and wanted to evict my tenant as I want to keep the

whole house to myself. Hope I could implement some of these rules!

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Harsha Reddy says:

April 18, 2012 at 12:24 am
This is a very informative article and it has covered the legal aspects as well.. Keep up the good

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work.. Waiting for more of these type of posts..

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Sunil Kulkarni says:

April 18, 2012 at 12:26 am
Good tips and suggestions!!
Reply

Suraj says:
April 18, 2012 at 12:32 am
The guidelines provided here are very helpful and the tenants should understand them as they are

legally correct
Reply

Bhargav says:
April 18, 2012 at 12:34 am
The owner has the right to take the rental property at any given time lest he gave a genuine reason

and it should be legally alright.. No tenants have the right to object this..
Reply

Melencamp says:
April 29, 2012 at 7:07 pm
Fine job on the recent post. I will have to to continue taking a look at other blog posts.
Reply

Jyothi says:
August 2, 2012 at 5:29 am
Dear Sir,

This information is very good.

I am the owner & I am facing problems in vacating my tenant. We are looking for a lawyer. But my tenant is very
cool even if we approach the court since he knows this process takes at least 1 2 years. So he is rest assured
he can stay comfortably for the next 2 years. Is there any way to vacate my house in short span of time. Or do we
need to dream our Indian court will take its own sweet time for 2 years.
Please advise.
Reply

MANOHAR says:
October 1, 2012 at 2:29 am
We have rented House to family for 11 Months agreement in Ramamurty nagar,

> bangalore , Inttially they told 4 members staying, now more than 8 people
> staying, The house is in my mother name, who is widow & depends rent of
> this house , But the tenat has stopped paying rent from 6 months and his 2

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> sons & father threatens my mother, when ever she ask rent.
The agreement stands closed on nov 2011, Since there son was
> sick( Kidney failure) we allowed them to extend for 2 months without the
> agreement,
> But From jan 2012 , every month he is saying vacating next month, 10
> months over, still telling same story. Also not paid 6 months rent. Every
> time we ask , he threatens us.
>
> we also served lawyer notice to vacate, but says i have seen soo many
> notices
>
> Please advice & help us
Reply

Benu Goel says:

February 1, 2013 at 8:20 am
Dear Sir,

We have our self owned property in Delhi . My tenant has not paid the rent for last six months and
even not communicating to us. Whenever we call him his phone is switched off and he is out of delhi for most of
the time. Its huge amount of rent that is irrecoverable. I want to file a suit against him in court but my major
problem is that we dont have a rent agreement with him.
He said that he will empty the premises next month but has not handed over any keys so that we could make it
available to some other person.
Please help me out on this.
Reply

Susmitha says:
February 12, 2013 at 7:22 am
Iam a victim myselfLaw is definitely slow and some litigant tenants take good advantage of it. I

have gone thru many forums but dont see practical and important information. So, want to post this
information based of my experience and understanding of how the eviction thing works in india (people on the
post can correct me if iam wrong somewhere).
1. If the rent is below the prescribed amount under state rent control act (3500 Rs/Month in karnataka) then your
case does not fall under the rent control act. In this case whatever the clauses the rental agreement has will
prevail. I have seen very few folks mentioning this info in their blogs.
2. If your case falls under rent control act (Rent less than 3500/month) then its slightly difficult for a Landlord to
vacate his/her tenant. There are only some clauses under which a Landlord can file a case. Self use is the best of
the lot. Things were pretty bad in the past in this type of situations but , there are some recent rulings by supreme
court which states that even if the tenant is staying for many years in the property , the landlord can evict the
tenant for his own use. The Landlord is the best judge of his need. Land lords need may not be a dire necessity.
Landlords kin and kith needs are also considered as self use. The court understands that there will be some
inherent hardship for a tenant to vacate the house, so the clause that tenants hardship vs Landlords hardship on
eviction does not hold water any more.
3. If the rent is above 3500/month (in Karnataka, this may be different in other states) then what ever is written in
your agreement should be final. Your case will just run on these parameters in the court.
4. In all the cases, a notice period as accepted in the agreement or 15 days if no agreement is prevailing should
be served by the landlord as a starting point. This should be a legal notice to be served by a Lawyer thru
registered post with acknowledgement due
5. File a HRC case in small cause court if you dont get any response from your tenant. You need certain
documents to file a case as per new laws (Registration document copy, Khatha copy, Original rental agreement
etc) This is to claim that you are the actual owner of the property.
6. Case of this type will take anywhere from 1 to 2 years . Most of the delay will be due to time lost in tenant
accepting the court summons. Most of the tenants manage with the postman and manage the summons to be
sent back as undelivered.
7. There could be more delay tactics a litigant tenant will play, by absenting himself etcon the whole it will take
2 yrs to finish the case in small causes court and if your tenant is a leach then he can appeal against the order in
Highcourt which again takes 1 more year.
All the best for your caseslet me know if my post enlightens you
Reply
Mohan Tambe says:
April 15, 2013 at 6:24 am

I am also having victim of vacating tenants. I have agreement but not signed by tenant. But the
papers purchased by Tenant. So, let me know how can i proceed with this.
Reply

Pram says:
November 20, 2013 at 8:04 pm

Hi Susmitha, I am in a situation where I am abroad and the tenant is refusing to vacate even after
giving a month notice. I have a 11 month agreement with a clause that either party can give a
month notice to each other for vacating. The rent is above 10000. I want to give the apartment to my sister
and aging parents to live since she has her office close by. I have tried all means to convince the tenant to
vacate where in I put forward if he needs some additional time can be given for 1-2 weeks other than 1 month
notice, Need not give any damages or painting cost, give assistance with shifting charges. But he has said
that if I call him from abroad to discuss this, then he will give a criminal case for harrasment. I am not sure
what to be done. If I go with a legal case then he would continue to stay without paying rent for another 2
years. all this time he had been paying me lesser than agreed rent and every time needs to be reminded after
giving a call from abroad. I have also heard that he has spoiled the apartment. I have a notorised agreement
with the tenant with witness from both parties. What is a quick way forward? Any suggestion would be helpful.

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Reply

shared web hosting says:

April 15, 2013 at 10:42 am
Its really a cool and helpful piece of info. Im glad that you just shared this helpful information with

us. Please keep us informed like this. Thanks for sharing.

Reply

Pallavi says:
July 26, 2013 at 7:10 am
We are 4 working women. It hasnt been 15 days that we have moved in and the landlord has given

us a notice in an e-mail saying that we need to vacate as the society does not permit bachelors as
tenants. Inspite of the fact that we have a 11 month registered agreement in place which also mentions that
Lincensor has permissions of the society members in renting out the apartment to the licensee. We are in big
trouble because our owner did a mistake/cheated us by not taking proper permissions from society members. We
will also suffer financial losses due to this eviction. What should we do?
Reply
Pallavi says:
July 26, 2013 at 7:12 am

This is a reverse doubt to the published article. But Im sure this does not fit in the law of evicting
tenants. If it does, there should be at least something in favour of the tenants in this case.
Reply

ghiboo.com says:
February 20, 2014 at 1:05 am
Hello, I check your blogs on a regular basis.

Your humoristic style is witty, keep doing what youre doing!

Reply

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