Overview

Renting a home or apartment is a challenging process. Finding a tenant and entering into a rental agreement with someone you can entrust with your property takes work. By lending his possession to a stranger, a person takes a big risk. When a landlord rents out a property to tenants, there are frequently times when the landlord needs the property for personal use or must evict the tenant for various reasons, many of which may be the tenant's fault. However, despite repeated requests from the owner, the tenants may frequently refuse to leave the property. As a result, this article aims to assist property owners in evicting tenants from their homes.

Process of Eviction

Eviction is the process by which a landlord formally kicks a tenant out of a rental unit.

The landlord may be able to evict the tenant if efforts to foster a positive relationship between them repeatedly fail. Evicting a tenant entails getting rid of the occupant of your rental property. After giving the tenant a notice of eviction for at least 30 days, the landlord may do so. After the legal notice is sent in these kinds of cases, the problems are resolved. The Indian government passed the Rent Control Act in 1948 to give tenants and landlords' rights.

Reasons Under Which You Can Evict The Tenant:

1. If your tenant continues to live on the property even after the lease or rental period has ended. Sometimes, even after the rental period has ended, the tenant stays in the home. As a result, the landlord is forced to serve the tenant with an eviction notice.

  1. The landlord may issue an eviction notice to the tenant if they have seriously damaged your property.
  2. If any restrictions imposed by the landlord at the time of the contract have been broken by the tenant. This provides justification for the landlord to evict the tenant.
  3. The need of the landlord for the property may be a justification for evicting the tenant.

Note: There are certain documents that are needed at the time of filing a suit for eviction like the Rent agreement, Documents of property, and Notice sent to the tenant to advise them to evict the property.

Procedure To Evict The Tenant:

After determining the reasons for the eviction and also being aware of what should be done to evict a tenant, the following procedure must be followed:  

1) Send a notice: An eviction notice must be issued to the tenant, filed in a court with jurisdiction over the matter, and include the grounds for eviction as well as the time and date by which the tenant must vacate the property. The tenant must be given a reasonable amount of time to leave the rental property, according to the landlord. The tenants frequently leave the rented property after receiving a court-issued legal notice.

2) File for an eviction suit: The tenant has the choice to refuse to vacate the rental property and contest the eviction after receiving the court's eviction order. In this situation, the landlord may hire a rental property lawyer to bring eviction proceedings against the tenant. The civil court that has jurisdiction over the rented property is where the tenant's eviction action is filed. 

3) Final statement: Following a hearing with both parties, the court issues a final legal notice of eviction for the tenant based on the arguments and evidence presented. The tenant is required to vacate the rental unit as soon as the court issues the final eviction order because they cannot ignore this notice.

How Lead India Can Help You:

  1. Trustworthy & Confidential - We assure you that all your personal details & documents must be kept private. We never share these details with anyone.   
  2. Expert Advice – With the help of the best lawyer you can draft a suit or send legal notice to the other party.
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  4. Top Quality Lawyers - Lead India will help you to choose among the best lawyers you can file a case in the Court against the other party. Lawyers will help in initiating legal action for violation of rights or breach of the agreement or law. There are different associates who work with us, you can choose a lawyer depending upon their practice area, experience & user rating. 
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FAQs On Tenant Eviction Notice

A landlord is a person who owns real estate properties, whether it be homes, apartments, land, or other types of leased or rented property.

One who rents or leases a residence (such as a house) from a landlord is an example of someone who has the occupation or temporary possession of another's lands or tenements by paying in form monetary exchange.

One who rents or leases a residence (such as a house) from a landlord is an example of someone who has the occupation or temporary possession of another's lands or tenements.

A notice period must be served by both parties. There must be a notice period, typically one month, before the landlord or you decide to end the agreement. However, some agreements might specify a longer time frame.

The term "eviction suit" refers to an action taken in court to recover a right or claim in an effort to put an end to a legal process. Here, the term "eviction" refers to the process of removing someone or more from their home.

Swati Singh

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