INTRODUCTION
Owning houses [1]and then granting them on leases to tenants has been quite a trend lately as it is a good source of earning a passive form of income. However, it can lead to hazardous ends if not dealt with properly and the very source of income can turn into a nightmare if one comes across irresponsible tenants. As an official notice, Indian landlords [2]deliver eviction notices to renters. A formal notice from the landlord to vacate the premises is interpreted as a chance for the tenant to choose a new place. A notice to the tenant to vacate is a situation in which a renter is given a fair amount of time to leave the rented property and locate another. The most effective technique to depart a rental home is through legal notice. When a renter is a bully, the situation for the landlord becomes more problematic. Such renters are unwilling to vacate the premises and provide an unwelcome inconvenience for the landlord. The Indian subcontinent is one such region where such problems are common. The renter stays in possession forcibly, urging the landlord to exercise his right to initiate an eviction claim against the tenant. Before launching a lawsuit, the landlord must serve a notice of eviction on the tenant. So, before filing a case one should always send a legal notice as a precaution to the tenant as a final warning. If the tenant doesn’t act accordingly then further action should take place and a case for eviction of the tenant should be passed. A Landlord is always advised to hire or consult a good advocate regarding the eviction of the tenant after fulfilling the requirements of the notice.
ISSUES RELATED TO EVICTION OF A TENANT FOR WHICH NOTICE CAN BE SENT
Failure to Pay Rent: If the renter fails to pay the rent on time, one may be able to evict them. One can send a notice. If he or she still does not pay the rent after that, one can start the eviction process. Sub-Rented Real Estate: If a tenant has sublet all or part of the property without consent, one can use this as a reason to evict them. One can also evict the tenant if they have made unauthorized improvements to the home. Renovations and repairs: Asking tenants to vacate if one needs to make extensive repairs or improvements. One cannot, however, use this ground if the house is occupied. Infringing on the lease agreement’s conditions: These are only a handful of the reasons; there are many more. However, the most important thing to remember is that one cannot remove a tenant arbitrarily[3] Tenants now have legal protection against intentional evictions by landlords. Unlawful Possession of Property: If rented out the property to a renter for residential purposes but he or she is using it for commercial purposes, such as running a business, we may be able to remove them. If one rents out an independent house to the renter and he or she began building another house on it, rents it out to someone else, or otherwise ruined the property, can also use this basis to evict a tenant. The landlord requires the property for his personal use: If one needs the residence for oneself or a member of the family, one could ask the tenant to leave.
ANALYSIS
PROCEDURE OF LEGAL NOTICE TO TENANT TO VACATE PREMISES
Premises and Tenancy Acts [4]differ from state to state, but they all specify the reasons for a landlord to deliver a written notice. A tenant eviction notice may be issued in the following circumstances:
Despite the expiration of fifteen days, a malicious tenant fails to pay the rent. It is illegal for the tenant to sublet the property without the landowner’s written permission. Example If the renter utilizes the property for purposes that are not stipulated in the lease. Repurposing[5] is the process of transforming residential property into commercial space. Any act or omission on the part of the tenant that results in a loss of utility or value of the tenanted property is a goal or business that is illegal and immoral under the law of the land. When a tenant installs, changes, or constructs any permanent/temporary structure on the premises without the landlord’s permission. The tenant increases sublease rents without the landlord’s written consent. Even though the tenant obtained the landlord’s formal permission to sublet If the landlord requires the premises for his or his family’s usage. A legitimate requirement for the property to conduct critical repairs necessitates vacant premises. The tenant will be allowed to enter once the work is completed. If another structure is to be created, the existing structure must be dismantled.
VARIOUS STEPS ARE INVOLVED IN FILING A CASE FOR EVICTION AGAINST THE TENANT
When we make a request, we would be given a document checklist and a questionnaire. Document Verification: we will be needed to supply clear scanned copies of property-related papers for legal verification. Petition Drafting: Within 7 days of receiving the documents, the petition will be drafted and shared with you for evaluation and approval. Signed Draft: You must print the draught on legal size paper, sign it, and return it to us through courier/post. Case Filing: The case will be filed in the competent civil court within three days of receiving the signed petition. The lawyer will offer preliminary arguments before the court to have the case admitted. Response: Following the lawyer’s presentation of arguments, the Court will request that the opposing party file a reply. Hearings and arguments: The court will hold hearings and review the evidence provided to it. We will keep you informed on the progress of your case. The court will render a decision on the matter.
SOLUTION
SCOPE OF JUDICIAL INTERVENTION ( concerned Statutes and Courts)TO DEAL WITH TENANT EVICTION NOTICE
The Premises and Tenancy Acts of India govern conflicts between tenants and landlords. This act varies from one state to the next. Apart from this, there are other Acts in India, such as the Rent Control Act of 1948. If the landlord serves the tenant with a notice to stop the tenancy and it does not work, the landlord may file a complaint with the Rent Controller whose jurisdiction the property falls under. Another legal alternative for the landlord to evict the renter [6]is to file an eviction lawsuit. The competent court for the case is a Civil Judge Junior Division or a Civil Judge Senior Division[7]. It is determined by the monetary value of the property in question. Along with the Premises and Tenancy Acts, the Code of Civil Procedure 1908 governs eviction proceedings. If a tenant acts like a bully and does illegal conduct, the landlord has the authority to file a complaint with the appropriate police station. In addition, file a case with the Criminal Court by the provisions of the Code of Criminal Procedure and the Indian Penal Code.
CONCLUSION
Renting an apartment, house, or property is a typical practice in modern culture that benefits both the landlord and the tenant. On-payment of rent is the most prevalent reason for the eviction of a renter. However, there are numerous additional reasons why a landlord can evict a tenant, such as utilizing the premises for illegal purposes or subletting the property without the landlord’s agreement. If the renter causes damage to the rented property, he or she may be evicted. If the renter causes damage to the rented property, he or she may be evicted. Before evicting the tenant, the landlord must follow proper procedure. An application must be made with the Rent Controller Office [8]and served on the renter in the case of urban dwelling. The notice must state the grounds for eviction, such as non-payment of rent or subletting. Any counterclaims made by the tenant should also be included in this notice.
Author(s) Name: Aratika Mamhas (Bharati Vidyapeeth New Law College, Pune)
References:
[1]BRAXTON, GEOFFRAY, JOURNAL ON HOUSING ECONOMICS 217-232 (New York: Word Press, 2010)
[2]METCALF, LANDLORD RAJ: NORTHERN INDIA IN 19TH CENTURY 496 (University of California Press 1992)
[3] Vikram Shah, Lease Agreement: What It Is & Terms & Conditions, VAKEEL SEARCH (December 14, 2017, 11:01 PM) <https://vakilsearch.com/advice/lease-agreement-terms-conditions/> accessed July 07, 2022
[4]National Urban Rental Housing Policy, 2015, No 10, Indian Government, Ministry of Housing and Urban Poverty Alleviation, 2015 (India)
[5]Seema Jhingan and Priyam Raj Kumar, A Tenancy Act Model for 2021,MONDAQ BLOG, (June 16, 2021, 4:00PM) <http://www.mondaq.com/Article/1080104> accessed July 07, 2022
[6]CONSUMER PROTECTION, REAL PROPERTY ACT <https://guides.sll.texas.gov/landlord-tenant-law> accessed July 07, 2022
[7] Ravi Kumar Diwakar, A tenant can defend eviction by landlord, TIMES OF INDIA,( June14, 2018, 1:06 PM)<https://timesofindia.indiatimes.com/business/india-business/a-tenant-can-defend-eviction-by-landlord/articleshow/64584652.cms> accessed July 07, 2022
