Answer By law4u team
Eviction of a tenant in India can only take place under specific legal grounds, and landlords must follow due process as outlined in the lease agreement and property laws, including the Rent Control Act and other local regulations. Tenants are protected by law, and landlords cannot evict them arbitrarily. Here are the most common legal grounds for eviction under a lease agreement in India.
Legal Grounds for Eviction Under a Lease Agreement:
Non-Payment of Rent:
One of the most common grounds for eviction is the non-payment of rent. If a tenant fails to pay rent for a specified period (usually 2-3 months, depending on the lease agreement), the landlord has the right to initiate eviction proceedings. In most cases, the landlord must issue a notice to the tenant asking for payment within a specified time frame (e.g., 15 or 30 days). If the tenant fails to comply, the landlord can proceed with eviction.
Under the Rent Control Act, landlords are typically required to provide a 30-day notice before initiating legal action. However, if the tenant continues to refuse payment, eviction can be sought through the court.
Breach of Lease Terms:
If the tenant breaches the terms of the lease agreement, the landlord can seek eviction. Common breaches include:
- Subletting the property without permission.
- Engaging in activities that violate the terms of the lease (e.g., using a residential property for commercial purposes).
- Unauthorized alterations or damage to the property.
- Failure to maintain the property in good condition.
The landlord must give a notice of breach and allow the tenant time to correct the violation. If the tenant does not address the breach, eviction proceedings can begin.
Illegal Activities:
If the tenant is involved in illegal activities or criminal behavior on the premises, such as running an illegal business or causing a public nuisance, the landlord can evict the tenant immediately. However, even in such cases, the landlord must follow legal procedures, including issuing a notice to the tenant and seeking a court order if the tenant refuses to vacate.
Property Damage or Destruction:
If the tenant causes significant damage to the property or destroys it (intentionally or due to neglect), the landlord can evict the tenant. However, normal wear and tear are generally not considered grounds for eviction. If the damage is severe, the landlord can seek eviction as well as compensation for repairs.
Expiry of Lease Agreement (End of Tenure):
When the lease agreement expires, the landlord has the right to ask the tenant to vacate the property. If the tenant refuses to leave after the lease term ends, the landlord can file for eviction. The notice period required for termination of the lease is usually specified in the agreement (typically 30 days to 3 months).
Tenant’s Failure to Maintain the Property:
In cases where the tenant is failing to keep the property in a habitable condition or causing health or safety hazards (such as allowing mold growth, or water damage due to negligence), the landlord can seek eviction. A notice should be served, and if the tenant does not rectify the situation, eviction can proceed.
Landlord’s Personal Use of the Property:
Under some circumstances, a landlord may seek eviction if they require the property for their personal use or for use by their family members. However, the landlord must prove the necessity for personal use, and eviction under this ground is usually subject to specific conditions and notice periods set forth in the law.
Failure to Comply with Local Laws or Regulations:
If the tenant is violating local laws or building regulations, such as unauthorized construction or illegal modifications to the property, the landlord can seek eviction. In such cases, the landlord may also be at risk of facing penalties if the tenant's actions violate municipal or state regulations.
Non-Occupation for Extended Periods:
If the tenant vacates the property for an extended period without any prior consent or valid reason (and without paying rent), the landlord can seek eviction. This is common in cases where the tenant has abandoned the property.
Non-Compliance with Notices:
If a landlord has served a notice of eviction or repair request (for essential repairs or maintenance) and the tenant fails to comply with the instructions or refuses to vacate the property after the notice period, eviction proceedings can be initiated.
Legal Procedure for Eviction:
Serve Notice:
The landlord must serve a notice to the tenant informing them of the breach or the reason for eviction. The notice period varies depending on the nature of the breach (usually 15 days to 3 months).
Approach the Court:
If the tenant does not vacate after receiving the notice, the landlord can file for eviction in the Rent Control Court or Civil Court. The court will examine the case, and if the landlord's claims are valid, an eviction order will be issued.
Eviction Order:
If the court rules in favor of the landlord, it will issue an eviction order, and the tenant will be required to vacate the property within the time frame specified by the court.
Execution of Eviction:
If the tenant still refuses to leave, the landlord can approach the police or court bailiff to enforce the eviction order.
Example:
Let’s say a tenant, Raj, has been renting a flat for one year. He has not paid rent for the last three months, and despite multiple reminders, he refuses to pay. The landlord, Mr. Sharma, issues a 30-day notice to Raj to vacate the property. Raj still refuses to pay rent or vacate. Mr. Sharma can now approach the Rent Control Court and file an eviction petition based on non-payment of rent. The court, after hearing the case, issues an eviction order, and Raj is required to vacate the property.
