Eviction Of Tenant

GROUNDS FOR EVICTION:

          In order to evict a tenant legally there shall be certain grounds, you can’t evict just because you don’t like your tenant unless you have a valid legal reason, such grounds include

  • Default in payment of rent
  • Subletting
  • Using the rental premises for unlawful purpose
  • Willful denial of the title of the landlord
  • Action of tenant leading to loss of property or its utility value
  • Tenants action complained by neighborhood to the landlord
  • Unlawful possession
  • Violating the terms of lease
  • Repairs and renovation of the rental property
  • Demolition and reconstruction for rental property
  • Needing the premises for Landlord’s own occupation

Only on fulfilling any of the above grounds the landlord shall have the right to evict a tenant in the presence of a legal agreement binding.

PROCEDURE

          On fulfillment of any of the above grounds the landlord shall start the eviction process by issuing a formal eviction notice to your tenant which is the foremost step. In general the time period for such notice shall be mentioned in the agreement entered in between landlord and tenant, however in the absence of agreement the time period shall vary from fifteen days to two months depending on local laws. An eviction notice shall contain the reason for eviction, time and the date by which the tenant is supposed to vacate the rented premises and also details as to how much the tenant owes the landlord (for example, if there are any rent arrears payable by the tenant, then the same shall be detailed in the notice of eviction and also the time period within which the tenant is liable to pay in order to avoid eviction). The eviction notice shall be sent by filing it in the appropriate jurisdiction of the court, or through registered post, or through certified email, or put the notice on the front door of the rental premises etc. In most of the cases the tenant vacates the rental premises on receiving the eviction notice. In cases where in the tenant doesn’t vacate even after eviction notice we shall proceed with the next remedy available.

          The next remedy available to the landlord when the tenant doesn’t vacate the premises even after eviction notice is to file an eviction suit. The civil suit is filed in the jurisdiction of civil court where the rental property is situated. The civil suit for eviction shall be filed with all the necessary documents which include the lease or rental agreement, payment of rent receipts etc. Herein based on the arguments and evidence presented the court shall decide the case. Non compliance by the tenant with reference to eviction notice will further act as an evidence in the court proceedings. The court on hearing both the sides issues a final legal notice for eviction which is binding on the tenant. The landlord shall further ensure the execution decree for the eviction order. The tenant has no other option but to vacate the premises once the court sends the final eviction notice.

In general it is easier to get an eviction order in the presence of rental or lease agreement, absence of the same shall become difficult as there is no proof of the rental property being given on rent and hence it is very important for the landlord to enter into tenancy agreement before renting or lending a premise.

          Even after the expiry of the time provided by the court for eviction, if the tenant continues to stay then the tenant shall be evicted by police force held in Ram Prakash Sharma v. Babulal Birla (2011)

Other Remedies:

  • Even after eviction procedure if the tenant has failed to pay the due rent but has vacated the property then the landlord shall file a suit for arrear of rent or other claims under the small causes court by producing the eviction order of the court.
  • Also the landlord can take the eviction order to the employer of the tenant to get his garnishments which in turn is payable by the tenant to his employer.

Relevant Statutes and its provisions 

  • The Transfer of Property Act, 1882, Section 106
  • The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Sections 3, 3A, 10 – 14

Almost every state have their own lease and rent control acts.  

Relevant case laws

  1. The Supreme Court in M/s. Alagu Pharmacy & Ors. v. N. Magudeswari stated that “no eviction of a tenant can be ordered, even if the parties had entered into a compromise, until the ground seeking eviction in terms of the concerned contract is not made out”.
  2. The Supreme Court in Hukum Chandra v. Nemi Chand Jain held that “a tenant cannot refuse to vacate a rented building claiming that his landlord or family has another job or business and is in no bona fide need of the property”. However the apex court asked the tenant to vacate the shop premises within three months.
  3. The Supreme Court in A. Mahalakshmi v. Bala Venkatram through Lr and Anr held that lending a property based on power of attorney shall still be landlord according to the lease agreement and shall claim for eviction from the property in case of subletting. The two major considerations to prove subletting laid down in the above case shall be
  • The tenant had parted with the possession of property in favour of a third party with exclusive right of possession
  • The parting of the possession has been done without the consent of the landlord
  1. In Tapasi Routh Nee Sinha Roy v. State of West Bengal and Ors, the apex court held that a tenant cannot be arbitrarily evicted while using the provisions of the SARFAESI (The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest) Act as that would amount to stultifying the statutory rights of protection given to the tenant. A non obstante clause i.e. section 35 of the act cannot be used to bulldoze the statutory rights vested in the tenants under the rent control act.
  2. In a PIL filed by Pawan Prakash Pathak and A K Pandey seeking compliance of Ministry of Home Affairs order issued on March 29 curbing the landlords from demanding rent from students and labourers during the COVID 19 lockdown, was dismissed by the Apex court.