In India, tenancy laws tend to favour tenants and it differs from state to state. But no matter what, there are also many grounds for a tenant to get evicted by their landlord that are common in most state laws. Eviction is a complicated and time-taking process, and in most cases, the landlords are unaware of the rules and regulations governing lawful evictions. In this article, we will discuss the eviction process in India.
A quick overview of the Landlord-Tenant relationship
The landlord-tenant relationship is a legal and financial agreement between a property owner (the landlord) and an individual or entity who occupies the property (the tenant). The landlord provides the tenant with a space to live or work in exchange for payment, usually rent.
However, a dispute may arise between the two parties for various reasons. One of the most common issues is the non-payment of the rent by the tenants.
In such cases, the landlord may take legal action against the tenant through eviction. But first, let's understand what eviction means and how the process can be carried out in India
What is eviction, and when does eviction occur?
To put it across in simple words, eviction is the legal process of removing a tenant from a rented property. Various state-level rent control laws govern the process of eviction, and both tenants and landlords must be aware of their legal rights and responsibilities to avoid any disputes or legal issues.
Eviction occurs when the tenant fails to pay rent on time, causes damage to the property, uses it for illegal activities, etc. The landlord can also initiate eviction due to a breach of the lease agreement, the expiration of the lease period, or when a landlord needs the property for re-development purposes or personal use. It must be noted that eviction can only occur through a legal process, and the landlord cannot use force or harassment to remove the tenant from the property.
What are the procedures that must be followed to evict a tenant under Indian law?
As previously mentioned, the eviction process in India depends on the state where the rented property is located and is generally governed by the applicable rent control laws. However, in general, the eviction process includes the following steps:
Notice to vacate: First, the landlord must issue a notice of eviction to the tenant, stating the reasons for the eviction and the date by which the tenant must vacate the property. The notice should be in writing and sent through a registered post or delivered in person.
Filing a suit: If the tenant fails to vacate the property within the specified time period, the landlord can file a lawsuit for eviction in a court of law. Relevant documents, including the notice and the lease agreement, should accompany the lawsuit.
Court Order: Once the suit is filed, the court will issue a court order to the tenant, informing them of the legal proceedings and asking them to appear in court on a specified date.
Hearing: At the hearing, both the landlord and the tenant will have the chance to present their case and provide the evidence to support their claims. The court may also order an investigation for inspection of the property if required.
Judgement: After considering all the evidence, the court will issue a judgement either in favour of the landlord or the tenant. If the judgement is in favour of the landlord, the court will issue an eviction order, which requires the tenant to vacate the property within a specified time.
The eviction process takes a long time to complete, usually 1 to 3 months from the date the landlord sends the notice to the tenant until the date the tenant vacates the property. In some critical cases, these periods can extend even longer.
Is it necessary for the landlord to refund the tenant's security deposit during an eviction?
This differs from case to case and is influenced by the court's decision. However, if the tenant fails to pay the rent or causes damage to the property, the landlord may deduct a sum of money as compensation from the security deposit or refuse to refund it entirely. In some cases, the tenant will be required to pay additional fees to the landlord.
Many landlords complain about the difficulties they face when renting out properties to tenants who do not follow the terms and conditions of the agreement or fail to pay on time. So, the next time you run into a problem, you'll know how to handle it legally. Or let an experienced property management company handle such hassles for you.
PropertyAngel is a leading O2O (online-to-offline) second landlord platform. We are a Bangalore-based property management company offering professional property management for individual apartments, houses, and villas. Contact us at (91-80-47095974) or (91-7406484455) if you need guidance on how to invest in the right property in Bangalore.