Bangalore, also known as the Silicon Valley of India attracts people from all over India. Though landlords make a fortune from the rent money, sometimes there will be issues with tenants and they need to evict. In this blog, you will learn about the eviction process in Bangalore.
Introduction
Although renting out a property to a stranger carries significant risk, it is one of the easiest and most simple ways to generate passive income. It’s sometimes necessary to evict a tenant because they aren’t paying their rent or leaving the property. You must take action in such cases.
Today, landlords in Bangalore take precautions to prevent such incidents. They are knowledgeable about the laws and guidelines pertaining to rental agreements, as well as the rights of landlords and tenants in India.
They are outlined in the Rent Control Act, Government of India passed the act in 1948. The State Governments implemented this Act to control the renting out of properties and evictions of tenants.
Causes to Evict a Tenant
The landlord can start the eviction process by filing a lawsuit against the tenant in Bangalore under Indian rental rules. There should be a legitimate and justifiable reason to do so. In India, the following justifications are the reasons for evicting a tenant:
- If the renter intentionally fails to pay the landlord’s rent even after fifteen days have passed
- Without the owner’s express permission or protest, the tenant is subletting the property
- If the renter violates the terms of the Agreement by using the property for a different purpose. For instance, using a residential house for business purposes
- Any behavior on the part of the tenant that reduces the usability or value of the rented property
- Using the property for any activity or business that is prohibited by local law and is immoral
- If the property needs to be torn down so that another building can be built there
- If there are repair works on the property, then the tenant can be evicted. However, the tenant will have the right to enter the property once it is finished.
Do You Need a Lawyer?
For the goal of evicting a tenant in India, hiring a civil lawyer is essential since he is familiar with the clauses in the State’s tenancy laws. Eviction is a lengthy and difficult procedure, and most of the time, landlords are unaware of the laws and guidelines governing legal evictions. During the eviction procedure, your attorney can prevent you from breaking any rules or laws.
Rights to Tenant – Rent Controller Act,1948
Tenants have occasionally been served with eviction notices without a good reason. The landlord attempted to evict the tenants after falsely accusing them of failing to pay the rent.
In such hypothetical circumstances, tenants are always free to defend themselves and refuse eviction. The renter may contact the regional rent controllers for assistance in accordance with the Rent Controller Act of 1948.
For the money paid or deposited during court proceedings, the renter may show receipts. The method of depositing the rent must be indicated in the rental agreement in advance because it may be difficult to prove when cash is given to the landlord directly.
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Steps Involved in the Eviction Process
There are set methods involved when you want to evict a tenant. If you are going to evict a tenant without a rental agreement, then it will be challenging because there is no evidence that the renter was handed a piece of property to rent.
Step 1: Send a notice to the tenant- You need to send a notice to the tenant which must be filed in the relevant court. It includes the grounds for eviction as well as the time and date by which the tenant must leave the rented property. The renter must be given a reasonable amount of time to leave the rented space, according to the landlord.
Step 2: Apply for an eviction petition- After receiving the court’s eviction notice, the tenant has the option to refuse to leave the rental property and dispute the eviction. In this situation, the landlord has the option of hiring a real estate attorney to file an eviction complaint against the renter. The civil court whose jurisdiction the rented property falls receives the complaint for eviction of the renter.
Step 3: Eviction notice: Based on the arguments and facts presented, the court hears both parties and issues a final legal notice of eviction for the tenant. Once the court issues the final eviction notice, the tenant is required to leave the rental property.
Conclusion
In our current society, renting an apartment, home, or other property will benefit both the owner and the tenant. However, there are some situations where the landlord becomes frustrated with the renter because he refuses to pay the rent or engages in dangerous or illegal activities in the owner’s home.
In these situations, the owner may ask the tenant to leave and return his property to him. If things don’t go smoothly, the landlord can take legal action against the tenant.
Also Read,
- What You Need to Know About a Legal Notice
- Legal Notice for Money Recovery: How to Get Your Money Back
- How to Draft a Legal Notice?
