How Can an NRI Landlord Evict His/Her Tenant in India?

POSTED BY: NRI Legal World | 9 May - 2019

According to the Indian rental laws, the rights of a landlord in India permit the landlords to evict their tenants provided there is a legitimate and justified reason for such an action. Many Indian states have declared the lawful basis of eviction for tenants in India. To learn more about your legal rights as the owner of the property or more about your statutory rights as a landlord, get in touch with our expert team of NRI lawyers today.

Anytime an NRI rents out his/her property in India; there are certain rights of a tenant that you must keep in mind. These rights are highlighted in the Rent Control Act that was formed by the Indian government in the year 1948. State governments in India have implemented this act in order to provide regulated laws concerning rented properties as well as tenant evictions. As per the Act, the landlord (an NRI) and the tenant must sign the rent agreement stating that a particular property is being given on lease under certain stipulated conditions.

It is often easy to find a tenant in India and this is one of the most convenient ways for the NRIs to earn some extra money. Nevertheless, renting out a property in India while the owner is in abroad, comes with its own set of challenges and threats. There is a specific risk involved when we lease out our house to a stranger. However, eviction of a troublesome tenant, who has illegally taken over your Indian property or is not paying the rent, can be a nightmare for NRI landlords. These days, landlords take a number of precautions to avoid getting into such situations and are well-acquainted with the rental laws in India along with the rights of the tenants and landlords.

What are the justified reasons for evicting a tenant in India?

The rental laws in India allow the NRI landlord to file an eviction case that helps him take the tenants out of his/her property but only if the reason for eviction is justified and valid. Listed below are some the valid reasons for evicting a tenant in India, which are laid down by numerous states:-

• The tenant has deliberately not paid the agreed-upon monthly rent for longer than 15 days from the scheduled date.
• The tenant has rented the house to someone else without the landlord’s consent or without a written application.
• The tenant has utilized the rental property in India for illegal purposes or some other reason that is not stated in the rent agreement.
• Any activity of the tenant that has resulted in the loss of value of the property or perhaps its usability.
• The tenant’s actions are undesirable as noticed by the neighbors, resulting in landlord receiving a complaint against the tenant.
• The tenant has purposely rebutted the landlord’s title in the rented property, for reasons unknown.
• The landlord requires his property for carrying out own business or for any relative.
• The landlord requires his property for maintenance purposes and remodeling, which otherwise is infeasible unless the house is vacated.
• The landlord wants to build another building, which calls for the demolition of the existing one.

How to Evict a Tenant in India?

When an NRI establishes that the reason for the eviction of the tenant in India is justifiable, then he/she needs to follow a specific legal process in order to evict the tenant.

Step 1: Sending your tenant a notice asking him to vacate- The NRI landlord needs to provide his/her tenant some time for vacating the premises by serving him/her a written notice for eviction. An experienced property lawyer in India can draft this notice on your behalf stating valid reasons for eviction. The notice of eviction should also mention the date and time by which the tenant needs to vacate the house. It should also be kept in mind that the drafted notice is to be submitted in the court having proper jurisdiction. The court then sends this eviction notice to the tenant. It is seen in most of the situations that the tenant vacates the rented property after getting served a notice from the court.

Step 2: Filing an eviction suit- It could be the case where the tenant is not willing to vacate the rented accommodation after getting an eviction notice from the court and chooses to contest this notice. In such a case, it is advised to the NRI landlord to seek services of a reliable and experienced Indian property lawyer who would then file an eviction suit against your tenant. The filing of the suit is to be done in the civil court under whose jurisdiction the house is located.

Step 3: Sending final eviction notice- The court in session hears both the parties and then sends out the final notice for eviction of the tenant depending on the proofs and arguments presented. As soon as the court sends out this notice, the tenant needs to vacate the property without any delay.

Nevertheless, in case there is no rent agreement signed between the tenant and the landlord, it becomes difficult for the landlords to get their tenants evicted. This is because there is no proof that the property was rented in the first place. If you are facing a similar issue with your tenant, the team at NRI Legal World can help you resolve this problem without any hassle. We have the best lawyers on our panel who have years of experience in handling such cases and ensuring positive outcomes.

Essential Points to Keep in Mind Regarding Tenant Eviction in India:

• The Supreme Court of India has established that the landlord cannot ask his/her tenant in India to vacate the property for a minimum of 5 years if the tenant pays rent on time; unless the landlord has a genuine and strong requirement of the property for his/her use.

• It is crucial that you hire an Indian property lawyer to get the rent agreement drafted, which would comprise of all the provisions concerning the use of property, how much rent needs to be paid, conditions for terminating the rent agreement, and so on.

• Rent agreement should only be for 11 months and have a clause for optional renewal. This is important as it helps in avoiding eviction troubles in the future.

• The reasons for asking the tenant to evict the property must be valid and justified under the rental laws of the state where the house is located.

• The landlord should not ask the tenant to evict the property without sending him/her a legal notice.

• The landlord should not stoop down to adopting wrong eviction techniques like cutting-off basic amenities like water or electricity connection, changing the locks of the house, throwing away the personal belongings of the tenant, etc. All these are criminal offences, and the tenant can report it to the police, thus pressing charges against you.

• Prior to renting out your house, it is vital to perform a thorough background check of the tenant. It is also compulsory to submit the particulars along with the identity proof of your tenant at the local police station so that they can check the background of your tenant.

Who can help NRI landlords in the eviction of tenants in India?

Evicting a tenant is often a challenging and time-intensive task. It is recommended that you take all the required precautions prior to renting out your property in India. To do so, you can seek help from a reliable property lawyer in India who is going to draft the rent agreement and also walk you through the process of evicting a tenant in India.

We, at NRI Legal World, are India’s renowned firm providing top-notch legal and administrative solutions to NRIs across the globe. We understand your case and offer you a solution that works best in your interest. We can help the NRI landlords in sending notices to the tenants, drafting rent agreements, and also taking care of various other administrative tasks involved.

Are you looking for a genuine property lawyer in Punjab, Delhi, Gujarat, Rajasthan, or any other part of India? Contact us today at +91 85-85-85-71-71 or email at info@nrilegalworld.com.