Category Archive Landlord/Tenant Law Guides

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How To Evict A Tenant

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.
 

GROUNDS:

Most State laws lay down the following reasons for eviction of a tenant:

  1. Non-payment of the agreed rent amount for a period exceeding 15 days after the rent was due, and such non-payment was willful;
  2. Sub-letting the house without the written consent of the owner;
  3. Using premises for purposes other than what was agreed for and mentioned in the rental agreement;
  4. Commission of any act that results in loss of utility or value of the property;
  5. Use of the premises for any purpose that is considered to be illegal or immoral by law;
  6. Created nuisance in the neighbourhood and the neighbours have confirmed in writing that the further living of the tenant is objectionable to them;
  7. Occupation of other premises for more than four months in a different state or region;
  8. Denial of the title of landlord.

Apart from the above-stated reasons, the landlord can also seek eviction for the following bonafide reasons:

  1. The landlord needs the premises for her/his own occupation or for occupation of her/his family members.
  2. A genuine need of the property for performing certain repairs that cannot be performed unless the premises are cleared. The tenant will have the right to enter the premises once the repairs are done.
  3. The premises are to be demolished for construction of another building.
     


PROCESS OF EVICTION:

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.



HIRING A LAWYER:

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.



FILING & NOTICE:

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.



CONSEQUENCES:

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.



AVOIDING EVICTION:

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.

Bydeb

Significant retrogression for China and India in the latest U.S visa bulletin (June 2016)

The United States Visa Bulletin was recently released by the U.S Department of State and it was received with mixed feelings. With some major changes, the US visa bulletin announced major retrogression in the Final Action cut-off dates for India and China.

Specifically, in June 2016, India EB-2 Final Action cut-off date will retrogress to October 1, 2004. This is with respect to the issuance of immigrant visas. This was a major change as compared to the last month’s visa bulletin- the May bulletin. The May bulletin fixed the India EB-2 Final Action cut-off date at November 22, 2008. This means that the India EB-2 Final Action cut-off date will retrogress by more than four (4) years in June 2016. The pace at which the India EB-3 is expected to move has not seen any improvement either. Action cut-off date for EB-3 India will move from September 1, 2004 to September 22, 2004, in June 2016.

But India was not alone in the act. Even EB-2 Final Action cut-off for China will also be retrogressed by around 20 months, fixing it at January 1, 2010. Like EB-2, in June 2016, EB-3 China Final Action cut-off will also retrogress from current August 15, 2013, to January 1, 2010.

The Department of State (DOS) has cited “extremely high levels of Employment-based demand for adjustment of status cases filed with USCIS during past two (2) months” as the reason for retrogression of the EB-2 preference Final Action cut-off dates for India and China.

EB-2 India Final Action cut-off date is expected to advance slowly, at a pace consistent with that of the India EB-3 preference cut-off date, during the last three (3) months of the fiscal year. But the situation is evenly grim for the Chinese nationals as the retrogressed Final Action cut-off is not likely to advance either in the EB-2 or EB-3 category.

Like the EB-2 preference category, Final Action cut-off date for the FB-4 preference category for both India and China will also retrogress in June 2016. India FB-4 Final Action cut-off will backward from present July 22, 2003, to January 1, 2001. Likewise, China FB-4 will retrogress from July 22, 2003, to January 1, 2003. While DOS is not in a position to project whether or not the China FB-4 will advance until the end of current fiscal year, it is almost certain that India FB-4 will not advance during the last quarter.

Bydeb

Landlord/Tenant Law Guides

About 42% of the urban population of the world, which are roughly 150 million households, lives as tenants. The same holds true even in India where, due to exorbitant rates of property especially in the metro cities, a majority of people live as tenants. While living as a tenant can be really comfortable, there are times when once can face rental issues and other related problems like getting an unwarranted eviction notice. However, Indian Laws has several provisions that protect the rights of a tenant.

RIGHT TO PROTECTION AGAINST UNREASONABLE EVICTION:

The right to be saved from eviction that is unwarranted and unreasonable is the most important right available to a tenant. Each State Rent Control Act has specific grounds based on which a landlord can evict a tenant. Eviction of a tenant on any ground other than the ones mentioned in the State Acts is not considered to be sufficient for eviction. Further, the said State Acts also give the tenant the right to protection in a case where the landlord forcefully evict the tenant for a reason not specified in the Act.

ENFORCEMENT OF RIGHT AGAINST EVICTION:

In a situation where the landlord tries to forcibly remove the tenant from the premises without serving an eviction notice, the tenant is entitled to file a case in the civil court and seek and order of injunction. An ORDER OF INJUNCTION stops the landlord from removing the tenant out of the premises without any ground mentioned in the relevant State Rent Control Act.

LANDLORD FILING CASE FOR EVICTION OF FALSE GROUNDS:

In numerous cases, it is seen that the landlord may file a notice of eviction on false grounds. For example, the landlord may evade the receipt of rent for a month and then use the same fact of wilfully failing to pay rent as a ground to evict the tenant. However, in such cases also, the Rent Control Act can provide remedy to the tenant.

REMEDY AGAINST FALSE CASES:

The following steps can be taken for challenging the false eviction notice:

  1. The tenant should approach the Rent Controller giving her/his reasons.
  2. Once the tenant is summoned by the Court, s/he will be required to put forth her/his case with adequate evidence for support. The following points can come in handy while accumulation of evidence:
    • Notice to Receive Rent: If the landlord fails to receive the rent deposited by the tenant, s/he should issue a notice in writing that asks the landlord to specify a bank for depositing the rent within ten days of receiving the notice. The notice should clearly mention the non-receipt of the rent on the part of the landlord and the option that one is exercising as a tenant. If the bank details are received within ten days, the tenant should deposit the rent as soon as possible.
    • Money Order: If the landlord fails to reply to the above notice, the tenant must directly send the rent to the landlord via Money Order. The Money Order coupons should be kept safely as proof of payment of rent. In the landlord receives the Money Order, the tenant should continue the payment in the same mode.
    • Petition in Court: in the landlord refuses to accept the Money Order as well, the tenant should file a petition before the appropriate court and get the court order to deposit future rents in the court.

WITHDRAWAL OF BASIC SUPPLIED BY LANDLORD:

The landlord may try to forcefully evict the tenant by withdrawing supply of essentials like electricity and water. In such a case, the Rent Control Act provides that the tenant can approach the court for relief and restoration of such basic amenities. The landlord would be obliged to restore the amenities and comply with the order, if granted.

WAYS TO AVOID EVICTION ORDERS:

In order to avoid such eviction orders:

  • The tenant must be punctual in paying the rent;
  • S/he should be dutiful towards the agreement;
  • S/he should keep proof of all rent payments and other important documents and receipts.