Eviction is the procedure by which the landlords can evict the tenants from their property. The process initiates with the landlord giving a notice to the tenant to settle the grievances or otherwise vacate his property. Incase of any dispute, court-proceedings on the eviction can start where both the parties put up their issues. At the end of the proceedings, if the landlord wins, the tenant has to evict the land and restore it back in the hands of the owner.
It has been decided in the case of Achintya Kumar Saha v. Nanee Printers (2004, 12 SCC 368) that:
“in view of the rent control laws and the concept of statutory tenancy evolved in the respect of urban building it is now generally necessary to determine tenancy by a notice to quit before claiming ejectment on grounds admissible under such laws.”
Eviction laws in India
A rental tenancy is a type of a lease in which the property is temporarily transferred from the owner, who is known as the lessor, to the tenant, who is referred to as the lessee, according to Section 105 of the Transfer of Property Act, 1882. But, The Rent Control Act of 1948, which was enacted by the Government of India to calibrate the rentals of real properties and to govern the evictions of tenants in India, encompasses all the provisions relating to tenants and landlords. The most important requirement, however, is that one should have a proper rental agreement in place with the tenant. It gives details such as the rent amount, the duration of the agreement, the security deposit, and the purpose of the stay. While tenants are protected from arbitrary eviction from their homes except for specified reasons and under specified conditions under the Rent Control Act, the landlord retains the right to evict a tenant if the tenant commits certain specified acts or if the landlord requires the home for his own personal use.
Rights of a landlord to evict a tenant:
The rights and liabilities of the lessor and lessee are specified in the Transfer of Property Act, 1882. The rights specific to a landlord and a tenant are specified in the Rent Control Act, as much as the tenants are protected from arbitrary eviction from the house he or she is living except for defined reasons and on defined conditions, the landlord is vested with the right to evict the tenant if the tenant is guilty of certain specified acts and also when the landlord requires the house for his own personal occupation.
The grounds of eviction
- When the tenant has failed to pay the amount which was mutually agreed with the landlord intentionally within a period of 15 days.
- If the tenant has allegedly rented a part of the property to another person.
- The rented property had been used to commit unlawful activities by the tenant.
- The actions of the tenant had led to the destruction of the rented property
- If the landlord receives complaints from the neighbors against the tenant and those were found to be questionable.
- If the tenant is disproving not being the landlord of the rented property intentionally.
THE PROCESS OF EVICTION
- Send a legal notice
- File an eviction suit
- Final eviction notice
Many landlords complain about tenants not paying rent on time, not maintaining the property in good repair. The Rent Control Act of 1948 was designed to address the issue of rent and rent control. Following its enactment, which acted as a Union law, other states began amending and adding to the statute to better fit their requirements and companies. These state statutes and amendments differ somewhat from the federal legislation. The Rent Control Act of 1948 was created to govern the laws of property rental and ensure that neither landlords nor the renters take advantage of one another. The statute is primarily aimed at tenants, although there are safeguards to protect landlords’ rights as well.