An eviction is a legal process by which a landlord can vacate his tenant from the residential/commercial property. He can proceed with the legal process in cases like not paying rent on time, violation of the rental agreement, violation of lease agreement, non-payment of rent for several months, etc. Different states have different laws for the regulation of land property.
The landlord cannot simply order his tenant to vacate the premises. He has to follow the prescribed legal procedure for the eviction of the tenant.
Eviction notice means a formal notice sent by the landlord to the tenant over a breach of an agreement or termination of a rental agreement for vacating the residential premises within the prescribed time.
REASONS BEHIND EVICTION OF TENANT FROM THE PREMISES
- When the tenant is not leaving the occupied property after the end of lease agreement or rental agreement. The landlord can issue an eviction notice against his tenant for asking him/her to vacate the premises within the defined time.
- When the landlord has a justified reason for evicting the tenant like marriage in the house, for suing the property for himself etc. The landlord can issue an eviction notice against his tenant for asking him/her to vacate the premises within the defined time.
- If the tenant causes damage to the property of the landlord or uses the property against his wishes, Then the landlord can issue an eviction notice against his tenant for asking him/her to vacate the premises within the defined time.
- When a tenant breaches the agreement signed between him and a landlord. This is a justified reason for sending the legal notice to a tenant for vacating the property.
- When the tenant is not paying rent on time or non-payment of rent for several months, this can also be the justified reason for sending the legal notice to the tenant and to ask him for vacating the premises.
- If the tenant is using the property for illegal/unlawful purposes then also landlord can ask him to vacate the property.
STEPS IN EVICTION PROCESS
- A legal notice is the first step to begin with the legal process for eviction of tenants in India before filing a complaint against him. This is basically to inform him. It’s up to the tenant after getting the notice whether he wants to reply or not.
- If the tenant is using the property for illegal/unlawful purposes then the landlord can file a criminal complaint against him without issuing any legal notice.
- A legal notice will include the details like:
- How did you meet the tenant i.e., through advertisement or he contacted you (landlord)?
- When did you enter into the rental agreement with the tenant?
- What are the reasons for which you want to evict the tenant from the premises?
- When did such reasons begin to create a problem?
- Did you send any legal notice earlier?
If yes, then what time you specified in the notice for vacating the premises?
- What did you do if he refused to vacate the premises?
- If the tenant refuses to vacate the house then you can file a rent control original petition in the small causes court against the tenant. In evidence before the court, you have to produce a rental agreement and legal notice of eviction sent by you to the tenant.
- Other documents which you have to produce is a sale deed which shows that you are the owner of the premises or papers which will establish your ownership over the property, evidence for the reasons which was given by you in the notice, etc.
- After the filing of the petition in the court, the court will begin the civil proceeding against the tenant.
- After hearing both the parties the court may pass an order of eviction.
- Once the order of eviction is passed then the tenant have to vacate the premises.
- If any party is not satisfied with the order then they can file appeal in the appellate court.
- This will take two or three years as a whole.
The eviction process begins with the legal notice and ends with the evacuation of the tenant from the premises.