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Legal Notice

Sending An Eviction Notice in Mumbai

Mumbai is known for its scenic views and popular monuments, and it attracts people from all over India who want to settle and work there. While landlords make a fortune from the rent money, sometimes there will be issues with tenants and they need to evict. This article will explain the eviction process in Mumbai.

Latest News: In August 2020, the Brihanmumbai Municipal Corporation (BMC) said it had identified about 443 buildings as dangerous structures and unfit for habitation. It has decided to take stern action against the tenants who refuse to vacate unsafe buildings. If the need arises, they would go by the provisions within the Mumbai Municipal Corporation Act, 1888 to even disconnect electricity and water connection in these buildings.  

Introduction

The procedure through which a landlord can kick out renters from his property is called an eviction. The process starts when the landlord gives the tenant a deadline to resolve the issues or else leave the rental property. Mumbai 

If the terms are not agreed upon, court proceedings about the eviction may begin, during which both parties may present their arguments. If the landlord prevails in a trial, the tenant will be required to vacate the property and return it to the owner.

Landlords in Mumbai now take efforts to avoid such occurrences. They are familiar with Indian rules and regulations governing rental agreements as well as landlord and tenant rights. They are described in the Rent Control Act, which the Indian government passed in 1948. This Act was put into place by the State Governments to regulate the letting of properties and tenant evictions.

Tenant Rights – Rent Controller Act,1948

There have been instances where the tenant has received an eviction notice without a valid justification. Tenants were falsely accused of not paying rent by the landlord, who then attempted to evict them from the rental property. Tenants always have the right to defend themselves in such fictitious situations and resist eviction. According to the Rent Controller Act of 1948, the tenant may seek assistance from the local rent controllers.

The renter can present receipts for money deposited or money paid during court proceedings. The method of depositing the rent must be specified in advance in the rental agreement because it may be challenging to show in cases where cash is provided directly to the landlord.

Click here to know more about how to draft a legal notice

Reasons to Evict a Tenant

The landlord can evict a tenant under Indian rental rules provided there is a legitimate and justifiable reason to do so. Read the below reasons on which you can evict a tenant. 

  • Causing public nuisance in the area to the point where everyone requests written consent against the tenant
  • If you occupy any other space for longer than four months in other states or another part of the country
  • If the renter disputes the ownership of the property or modifies it without the landlord’s written consent
  • When a tenant makes additions, alterations, or temporary or permanent constructions without the landlord’s explicit authorisation
  • If the tenant raises the rent or subleases without the landlord’s express written consent. Even though the tenant obtained the landlord’s written authorisation to sublet
  • If the landlord or members of his family require the property for a specific purpose.

Benefits of Having a Lawyer

Hiring a civil lawyer is crucial for the objective of evicting a tenant in India since he is knowledgeable about the provisions in the State’s tenancy laws. The process of eviction is tedious and challenging, and most of the time, landlords are not aware of the rules and regulations governing lawful evictions. Your attorney can stop you from breaking any regulations or laws during the eviction process.

Procedure to Evict a Tenant

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

Most disputes can be resolved amicably, but if not, the landlord must choose to evict the tenant in question. A legitimate eviction notice must have all of the necessary components in order to start the process, and if they are missing, the absence will be used as evidence in court.

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