{"id":772,"date":"2019-05-09T10:36:15","date_gmt":"2019-05-09T10:36:15","guid":{"rendered":"http:\/\/www.nrilegalworld.com\/?p=772"},"modified":"2019-05-09T10:36:15","modified_gmt":"2019-05-09T10:36:15","slug":"tenant-eviction-in-india","status":"publish","type":"post","link":"http:\/\/112.196.38.115:4294\/mycaremedical\/blog\/tenant-eviction-in-india\/","title":{"rendered":"How Can an NRI Landlord Evict His\/Her Tenant in India?"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">According to the Indian rental laws, the\nrights of a landlord\nin India permit the landlords to evict their tenants provided there is a\nlegitimate and justified reason for such an action. Many Indian states have\ndeclared the lawful basis of eviction for tenants in India. To learn more about\nyour legal rights as the owner of the property or more about your statutory\nrights as a landlord,\nget in touch with our expert team\nof NRI lawyers today.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Anytime an NRI rents out his\/her property\nin India; there are certain rights of a tenant that you must keep in mind.\nThese rights are highlighted in the Rent Control Act that was formed by the\nIndian government in the year 1948. State governments in India have implemented\nthis act in order to provide regulated laws concerning rented properties as\nwell as tenant evictions. As per the Act, the landlord (an NRI) and the tenant\nmust sign the rent agreement stating that a particular property is being given\non lease under certain stipulated conditions. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It is often easy to find a tenant in India\nand this is one of\nthe most convenient ways for the NRIs to earn some extra money. Nevertheless,\nrenting out a property in India while the owner is in abroad, comes with its\nown set of challenges and threats. There is a specific risk involved when we\nlease out our house to a stranger. However, eviction of a troublesome tenant, who has illegally\ntaken over your Indian property or is not paying the rent, can be a nightmare for NRI landlords.\nThese days, landlords take a number of precautions to avoid getting into such\nsituations and are well-acquainted with the rental laws in India along with the\nrights of the tenants and landlords. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>What are the justified reasons for evicting\na tenant in India?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The rental laws in India allow the NRI\nlandlord to file an eviction case that helps him take the tenants out of his\/her\nproperty but only if the reason for eviction is justified and valid. Listed\nbelow are some the valid reasons for evicting a tenant in India, which are laid\ndown by numerous states:-<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>The tenant has deliberately not paid the\nagreed-upon monthly rent for longer than 15 days from the scheduled date. <\/li><li>The tenant has rented the house to someone\nelse without the landlord\u2019s consent or without a written application. <\/li><li>The tenant has utilized the rental property\nin India for illegal purposes or some other reason that is not stated in the\nrent agreement. <\/li><li>Any activity of the tenant that has\nresulted in the loss of value of the property or perhaps its usability. <\/li><li>The tenant\u2019s actions are undesirable as\nnoticed by the neighbors, resulting in landlord receiving a complaint against\nthe tenant. <\/li><li>The tenant has purposely rebutted the\nlandlord\u2019s title in the rented property, for reasons unknown. <\/li><li>The landlord requires his property for carrying\nout own business or for any relative. <\/li><li>The landlord requires his property for maintenance\npurposes and remodeling, which otherwise is infeasible unless the house is\nvacated. <\/li><li>The landlord wants to build another\nbuilding, which calls for the demolition of the existing one. <\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>How to Evict a Tenant in India?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">When an NRI establishes that the reason for\nthe eviction of the tenant in India is justifiable, then he\/she needs to follow\na specific legal process in order to evict the tenant. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Step 1: Sending your tenant a notice asking\nhim to vacate- <\/strong>The NRI\nlandlord needs to provide his\/her tenant some time for vacating the premises by\nserving him\/her a written notice for eviction. An experienced property lawyer\nin India can draft this notice on your behalf stating valid reasons for\neviction. The notice of eviction should also mention the date and time by which the tenant needs\nto vacate the house. It should also be kept in mind that the drafted notice is\nto be submitted in the court having proper jurisdiction. The court then sends\nthis eviction notice to the tenant. It is seen in most of the situations that\nthe tenant vacates the rented property after getting served a notice from the\ncourt.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Step 2: Filing an eviction suit- <\/strong>It could be the case where the tenant is\nnot willing to vacate the rented accommodation after getting an eviction notice\nfrom the court and chooses to contest this notice. In such a case, it is\nadvised to the NRI landlord to seek services of a reliable and experienced\nIndian property lawyer who would then file an eviction suit against your tenant.\nThe filing of the suit is to be done in the civil court under whose\njurisdiction the house is located.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Step 3: Sending final eviction notice- <\/strong>The court in session hears both the parties\nand then sends out the final notice for eviction of the tenant depending on the\nproofs and arguments presented. As soon as the court sends out this notice, the\ntenant needs to vacate the property without any delay. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Nevertheless, in case there is no rent\nagreement signed between the tenant and the landlord, it becomes difficult for\nthe landlords to get their tenants evicted. This is because there is no proof\nthat the property was rented in the first place. If you are facing a similar\nissue with your tenant, the team at NRI Legal World can help you resolve this\nproblem without any hassle. We have the best lawyers on our panel who have\nyears of experience in handling such cases and ensuring positive outcomes.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Essential Points to Keep in Mind Regarding Tenant Eviction in India:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>The Supreme Court of India has established\nthat the landlord cannot ask his\/her tenant in India to vacate the property for\na minimum of 5 years if the tenant pays rent on time; unless the landlord has a\ngenuine and strong requirement of the property for his\/her use. <\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>It is crucial that you hire an Indian\nproperty lawyer to get the rent agreement drafted, which would comprise of all\nthe provisions concerning the use of property, how much rent needs to be paid,\nconditions for terminating the rent agreement, and so on.<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Rent agreement should only be for 11 months\nand have a clause for optional renewal. This is important as it helps in\navoiding eviction troubles in the future. <\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>The reasons for asking the tenant to evict\nthe property must be valid and justified under the rental laws of the state\nwhere the house is located.<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>The landlord should not ask the tenant to\nevict the property without sending him\/her a legal notice.<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>The landlord should not stoop down to\nadopting wrong eviction techniques like cutting-off basic amenities like water\nor electricity connection, changing the locks of the house, throwing away the\npersonal belongings of the tenant, etc. All these are criminal offences, and the tenant\ncan report it to the police, thus pressing charges against you. <\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Prior to renting out your house, it is\nvital to perform a thorough background check of the tenant. It is also\ncompulsory to submit the particulars along with the identity proof of your tenant at the local\npolice station so that\nthey can check the background of your tenant. <\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Who can help NRI landlords in the eviction\nof tenants in India?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Evicting a tenant is often a challenging\nand time-intensive task. It is recommended that you take all the required\nprecautions prior to renting out your property in India. To do so, you can seek\nhelp from a reliable property lawyer in India who is going to draft the rent\nagreement and also walk you through the process of evicting a tenant in India.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">We, at <strong><a href=\"http:\/\/112.196.38.115:4294\/mycaremedical\/\">NRI Legal World<\/a><\/strong>, are India\u2019s renowned firm providing top-notch legal and administrative solutions to NRIs across the globe. We understand your case and offer you a solution that works best in your interest. We can help the NRI landlords in sending notices to the tenants, drafting rent agreements, and also taking care of various other administrative tasks involved. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Are you looking for a genuine property lawyer in Punjab, Delhi, Gujarat, Rajasthan, or any other part of India? Contact us today at <strong>+91 85-85-85-71-71<\/strong> or email at <strong><a href=\"mailto:info@nrilegalworld.com\">info@nrilegalworld.com<\/a><a href=\"http:\/\/info@nrilegalworld.com.\ufeff\">.<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>According to the Indian rental laws, the rights of a landlord in India permit the landlords to evict their tenants provided there is a legitimate and justified reason for such an action. Many Indian states have declared the lawful basis of eviction for tenants in India. To learn more about your legal rights as the&#8230;<\/p>\n","protected":false},"author":1,"featured_media":777,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[63,48],"tags":[],"class_list":["post-772","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general-nri-services","category-property-management","th-blog blog-single has-post-thumbnail"],"_links":{"self":[{"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/posts\/772","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/comments?post=772"}],"version-history":[{"count":0,"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/posts\/772\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/media\/777"}],"wp:attachment":[{"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/media?parent=772"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/categories?post=772"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/tags?post=772"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}