Following a letter from several doctors and nurses in Delhi, dated March 24, the Resident Doctors' Association (RDA) protested that their landlords were forcefully driven out of fears that COVID-19 would spread.
It’s well established that laws governing tenancy in India tend to favour the tenant. For example, the Supreme Court recently ruled that a tenant may not be evicted by his landlord for five years (regardless of the length of the agreement) if the rent is paid on time—unless the landlord needs to use the space himself. As a landlord, you will find such a ruling ridiculous. But because of such rules, you should include strict clauses that make it easier to evict your tenant in the tenancy agreement, should the need arise. Here are common reasons for the eviction of a tenant:
Failure to pay rent if you need to evict your tenant or non-payment of rent is perhaps the most robust case you could have. Even if the rent is delayed by more than 15 days, it’s good enough to evict. This includes non-payment of electricity, gas, or any other utility bill unless it is stated in the agreement that the landlord will bear these expenses.
Subletting Eviction Notice
Suppose your tenant is letting out your apartment to another person, listing it on Airbnb, or even hosting a friend or family member for an extended period. In that case, you can have them evicted if they refuse to stop the practice.
Commercial Prospects Eviction Notice
If your tenant decides to run a business from your property, you could be in trouble. You could immediately choose to evict in this case, or even if the property is used for a purpose other than that mentioned in the agreement.
Detriment to Property
An obvious reason, usually mentioned in all agreements: Any significant material damage to the property can be recovered from the deposit.
Society’s Problems
If the tenant’s behaviour is unsatisfactory according to society, you may evict the tenant.
Self-use Eviction Notice
If you need to use the property yourself, for whatever reason, you may evict the tenant and resume use of the property.
You would need to serve the tenant with an eviction notice.
Writing An Eviction Notice
An eviction notice is the first legal action for a landlord looking to remove their tenant. If the tenant fails to comply with the Legal notice, you may file a case for eviction of the tenant. In India, for various reasons, tenancy laws tend to be tougher on the landlord than the tenant. Consequently, there are limited reasons for which a tenant can be evicted. These reasons may even differ depending on the state you live in. However, there is no harm in serving an eviction notice to your tenant.
Your eviction notice should be to the point. It should also stick to the facts, or your tenant could use your notice against you. If you are unclear about writing one even after reading this guide, consult a lawyer.
Use Business English: In a purely business style, whether in English, Hindi, or regional, indicate the address in the top left, use the tenant’s name formally, and begin the notice. Also include the date you are writing and the letter’s subject.
Always Indicate the Reason for Eviction
Inform the tenant how they have violated the lease terms. This should include the landlord’s business, the tenant’s name, and the lease date. The letter should then detail why the tenant violates his lease.
You cannot deny the tenant any recourse.
You need to list the steps the tenant must take to remedy the situation and set a deadline. A 15-day notice is required for eviction due to non-payment of rent, which is the most common cause of eviction.
Do Take Period of Stay into Account
Do note that the reason for eviction, in some ways, depends on the length of time the person has been your tenant. The longer the relationship, the stronger your reason needs to be.
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Conclusion
The information we have provided should be sufficient for you to make an informed decision regarding the eviction of a tenant in India. If you would like further assistance or suggestions, don’t hesitate to get in touch with our team: https://www.digitalindia.gov.in/content/management-team or leave a comment below.
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