Remedies For A Landlord If The Tenant Refuses To Leave After An Eviction Notice

Eviction Notice
Real Estate » Remedies For A Landlord If The Tenant Refuses To Leave After An Eviction Notice

Table of Contents

Owning properties comes with a string of responsibilities and dues. From upkeep of the property to choosing a tenant to rent out the property to. Trusting complete strangers to take the same care of the property is not possible. One of the common problems landlords face with their tenants is eviction.

Most tenants choose to leave the property when the rental agreement expires. The tenant removes their belongings after a month’s notice and then receives their deposit back from the landlord. When the tenant refuses to leave, after the landlord has requested them is a hard situation.

Luckily, the Indian Government has the Rent Control Act, of 1948 for this very purpose. It has all aspects of rental agreements, rental period, evictions, etc. Some of what the act states about tenant eviction are as below.

What If A Tenant Doesn't Leave?

Indian rental laws state that tenants can be evicted or ordered to leave accommodations if there is a valid reason to do so. There are many reasons why such an eviction notice can be given to a tenant. Some of such reasons are as below.

  • The tenant has not paid the specified rent amount 15 days past its due date.
  • The tenant has sublet the property without express permission from the landlord.
  • The property was being used for illegal purposes by the tenant.
  • The property loses value due to any action of the tenant.
  • The neighborhood has raised complaints regarding certain actions of the tenant.
  • The landlord requires the property for their personal use.
  • The tenant is refusing to vacate the premises after the expiry of the rental agreement period.
  • The landlord intends to do construction or renovations on the said property.

How To Evict A Tenant?

Once there is sufficient ground to evict a tenant, the next step is to start the process. There are professional property lawyers that can help with the process. A step by step guide to evicting a tenant is as follows.

Read the rental agreement:

The first step is to go through the signed rental agreement. Read through the agreed upon terms and conditions to identify which terms were violated. The same agreement will also state the next step to take.

Send an eviction notice:

After establishing the eviction grounds, the next step is to send an eviction notice. The notice is to be filed at a right court in the jurisdiction in which the property is. There must be an eviction date and time mentioned and sufficient time given to the tenant to vacate the house. Generally, most tenants will vacate at this step. However, some might refuse to do so. In that case, proceed to the next step.

Eviction suit:

Sometimes there arises the question, what if the tenant refuses to leave after eviction notice despite receiving an eviction notice. The next step, for the landlord, is to file a suit. This is when the landlord needs to hire a property lawyer and file an eviction suit. It is filed in a civil court in the same jurisdiction as the property.

Eviction suit results:

Proceedings will take some time to start and also to reach a decision. If the landlord wins in the court proceedings, the court will order the tenant to leave the premises within a reasonable time frame and send a final eviction notice. At this point, if there is more resistance from the tenant, the police might have to be involved.

How To Evict A Tenant Without A Lease?

Sometimes, one mutual understanding, a landlord might allow a tenant to move into their home without a lease. Doing so will lead to many difficulties down the lane, especially during eviction time. There is, however, a law to help in this regard. Many states recognize such a case as a tenancy at will. Tenancy at will can be eliminated or terminated whenever the tenant or the landlord wishes to. However, if the tenant is resistant to eviction, without a lease, it will be difficult to evict them. The best course of action during this situation would be to refer to the local laws concerning the situation and to approach authorities for help.

As stated above, after ignoring the eviction notice, the landlord can start court proceedings by approaching a lawyer. This is a prolonged procedure, can take months and the judge might not rule in the favour of the landlord. Some states will still require the landlord to visit the court with the tenant and talk with the judge. Depending on the situation, if there has been non-payment of rent or the tenant has been doing illegal things, the judge will rule in the favour of the landlord. Even then, the tenant will be given a time period to empty the property.

Sometimes the judge could order the tenant to pay any dues to the landlord. However, in most cases, the payment does not come across. The sole aim here is to get the tenant to leave the property. Intimating the local police for help without doing due diligence by filing a suit will cause more harm than good in this situation. Making threats and changing locks without telling the tenant first will also not favor the landlord in the long term.

How To Avoid Tenant Problems?

Getting tenants to leave a property, lawfully, is tough. The landlord would have to put in a lot of money and time involved when they choose to evict the client by the right process. How to avoid all of this? By being careful right from the start. Some other tips when choosing tenants are as below.

  • Be careful when choosing tenants. Do background checks if possible.
  • Get a rental agreement signed before the tenant moves into the property.
  • Get the rental agreement prepared by a trained lawyer. Put in terms of eviction and terminating the rental agreement.
  • The rental agreement must also be registered at the earliest possible.
  • Do not adopt a physical violence route no matter what. Always choose the legal route to evict the tenant.

Tenant problems are complicated and cause huge headaches for landlords. Legal proceedings are long and costly but the right way to go about it. It is best to trust the experts at Lex Solutions for tenant eviction. Their team of lawyers is experienced in property law and will make sure the landlord gets the ruling in their favor.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.

FAQs

  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.