Rental income is a good source of income for most people in India. However, an easy source of income can very easily turn into a very difficult problem for the homeowner, especially in cases where the tenant becomes a bully and refuses to adhere to the rules. Further, the long process of eviction of a tenant makes the entire ordeal even more cumbersome. Nevertheless, the current laws in India make it possible for the homeowner to evict the tenant for genuine reasons.
The following is the complete procedure along with the grounds for eviction of a tenant.
Most State laws lay down the following reasons for eviction of a tenant:
Apart from the above-stated reasons, the landlord can also seek eviction for the following bonafide reasons:
Rental laws are pro-tenants and it can usually take a long time for the actual eviction of the tenant. The following are steps in mind that one needs to follow to initiate the process of eviction.
Consulting a good lawyer will help the landlord understand the entire process of eviction with more clarity. A lawyer will able to guide the landlord step by step.
In most cases, a suit for eviction will have to be filed with an appropriate civil court of jurisdiction. Once the suit has been filed, the tenant will be notified by the court.
After receiving a notice from the Court, the tenant would usually leave the premises on their own without causing any problems. In order to complete the procedure, the tenant would contest the notice, after which the landlord would have to wait for the court to hear their case. Depending on the evidence provided by the landlord and the arguments presented by the tenant, an eviction may be granted.
The most common way of avoiding a lengthy and problematic process of eviction at a later stage is to draft the rental agreement for a period of 11 months with the option of renewal. Drafting an agreement for less than a year protects the landlord from the cumbersome process of eviction.