A contract through which property, land or services etc, are provided to another party, in return for periodic payments, is called a lease. If a person becomes a tenant without a lease, it is called a tenancy-at-will. Every state in India has their own tenancy laws, like the West Bengal Premises Tenancy Act 1977, and a landlord may evict a tenant only on the basis of the grounds laid down under the act which is relevant as per your jurisdiction. The right to be saved from eviction is the most significant right provided to the tenants under these acts, along with rent determination rules and safeguards for landlords as well.
- Non-payment of rent after 15 days of when the rent was due.
- Engaging in activities that may reduce the utility or value of the rental property.
- Allowing someone else to occupy the property, without due permission of the landlord.
- Using property for illegal purposes.
- End of period of tenancy etc.
The first step is to file a petition with the Rent Control Court for eviction, which would be further be served to the tenant.
Types of Notices
- “Pay Rent or Quit” Notice – It is given to a tenant who defaults in payment, along with a period of three to five days to pay such amount.
- “Cure or Quit” Notice – It is given to a tenant who violates some condition of his lease or rent agreement, which may be oral in nature too. A certain period is given to correct this default.
- “Unconditional” Notice – It is given in a few serious cases such as damage to the rental property, habitual defaults in rent payments, conducting illegal activities on the rental property etc, subject to the state rent laws.
- “Eviction Notice without Cause”- These may be given even when none of the conditions of the agreement are violated. However, these require extra protections to be given to the tenants, such as the lengthened period for eviction etc.
Modern Tenancy Bill, 2015
This new legislation provides with various advantages, such as protection to the landlords in terms of compensation if the tenant does not vacate the premises in time etc. It requires registration of a written agreement between the landlord and tenant with the rent authority before any property is leased along with setting up separate courts for such matters. A good idea for NRI landlords is to hire the best property lawyers to ensure these lengthy court cases get over before the tenant can take advantage of you.