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.