Step by step procedure to evict a tenant

0
319

Are tenants troubling you? Want to get them evicted from your property? For evicting the tenants from the property you need to ensure that, there should be a proper agreement between the parties. So for eviction either the agreement should have been expired or you could have served a notice of termination of the agreement.

The purposes of the Rental Agreement can be commercial or residential.

If the premises has been rented for commercial purposes then the landlord can evict the tenant only under the following conditions:

(i) The landlord has to show that the tenant has an alternative place to do business

(ii)  If he is not abiding by the terms and conditions of the rental agreement.

(iii) If he is using the property for some unlawful/ illegal purposes.

(iv) If he is causing any damage to the property.

(v) The most important ground is that the landlord himself is in need of the premises. To prove this he needs to show that

(a)  The landlord himself is using a rented property.

(b)  And the said premises are convenient and cost-effective for him.

If the premises is being rented for residential purposes then the grounds of eviction shall be

(i)  The owner himself is using another rented premises,

(ii) The subsequent purchaser of the property wants to evict the tenants,

(iii) If the tenant is using the property for any unlawful or illegal purposes,

(iv) Or the tenant has caused some damage to the property.

The laws in India are pro-tenant laws and it usually takes a long time to get the Tenant Evicted.  In the event of evicting a tenant, you can follow these steps.

  1. To begin things, you can send a legal notice to the tenant to vacate the property.

In India the first step for every legal action is sending a legal notice. By this we ensure that the other party is properly informed as to what this notice is for and what will be its consequences. Once the legal notice has been sent the tenant may choose to or not to reply.

  1. If the premises are being used for unlawful or illegal purposes then the landlord may directly file a criminal complaint.
  2. The legal notice shall include things like how did you meet the tenant for example have you advertised and he contacted you or he was an acquaintance of yours, when did you enter into the rental agreement, what is the reason on which you want to evict the tenant, around what time did these reasons start, have you sent him an written notice earlier, if so when and why, the time period being provided by you for him to evict the property, what steps will be taken if he does not vacate the property.
  3. If the tenant does not do so then you may initiate file a rent control original petition (hereinafter known as RCOP) in the proper Small Causes Court in proper jurisdiction against the tenant and proceedings are held. Evidences including the legal notice and rental agreement need to be there to evict a tenant. If the Rental Agreement is not there, then it again it will be a lengthy process.
  4. Apart from the Rental Agreement there are some other documents that you might need i.e., documents of the property such as khata, sale deed showing that you are the owner of the property or the parent deed in which you may be shown as the legal owner of the property, etc.
  5. Once the RCOP is filed then the court shall carry on the proceedings as in a civil suit.
  6. The Court shall after hearing both the parties may pass an order of eviction.
  7. Once the Order of Eviction is passed the Tenant shall vacate the property.
  8. Even after the Eviction order is passed or he is is not satisfied with the previous order then he may file an appeal as Rent Control Appeal and the further appeal stage shall be the Civil Revision Petition.
  9. Even after the court has passed either the order on the original petition or an order on the appeal an still the tenant is not budging from the property the landlord may file an execution petition and the outcome of such a petition shall be either police interference or the revenue official may interfere and get the tenant evicted.
  10. It generally takes 1 to 2 years for this whole procedure.
SHARE
A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.

LEAVE A REPLY