Top Lawyers’ legal advice on grounds of property eviction

grounds of property eviction

It is not Uncommon for people in urban cities to live as a tenant due to exorbitant prices of Property. People often recourse to let-out their property on tenancy in order to get an easy and reliable source of income.

This easy income turns into a problem when tenant refuses to vacate the property. Earlier getting rid of a squatting tenant was a headache but now with evolution of laws and draft Modern Tenancy Act 2015, life is expected to get a lot easier for Landlords.

Tenancy Agreement

Registration of rental Agreement is mandatory by paying requisite Stamp Duty.

A tenancy Agreement is usually of two types:

LEAVE AND LICENSE AGREEMENT– The agreement by which Property is leases out for a period of 11 months. Eviction under it is purely regulated by Agreement between the parties and not the provisions of Rent Control Act 1948 as this act requires agreement to be minimum for 12 months in order to applicability of Premises.

LEASE AGREEMENTS – Such agreements grant more right to tenants and gives legal Possession of Property to Tenants. A properly drafted Lease Agreements may mitigate the risks for Landowners.

Grounds for property Eviction in India

Though property eviction is largely governed by State Laws, but certain common grounds for eviction of tenants from the property are-

Non Payment of Rent –The most obvious ground to get your Premises evicted is due to Non Payment of Rent. Willfully Abstaining from Non-Payment of Rent for period of more than 15 days when payment was due.

Sub-Letting of Premises– If tenant allows someone else to enter into premises and occupy it or himself sub-lets your property without your written consent, The Tenant makes himself

Usage other than as per Agreement– If tenant uses premises for purposes other than those agreed upon by landowner or as provided in agreement amounts to violation of agreement and tenant can be evicted out of premises.

Causing loss to Valuation of Property– Any act committed by a Tenant that cause loss to Property or diminishes its value become a ground of Eviction;

Use of Premises for Illegal or Immoral Purposes-If Tenant uses Premises for any Act that is either Illegal or Immoral in the eyes of Law;

Objectionable Behavior of Tenant– If according to Neighbors Tenant habitually commits Nuisance in the Neighborhood and the same has been obtained in writing From Neighbors.

Occupying another premiseIf Tenant, for a period exceeding Four months, has been living in a different state or region, he can be evicted from the premise in question.

Tenant Denies the Title of Landlord– If Tenant disowns Landlord or ascertains his right of Ownership, He can be evicted.

Bonafide Requirement of landlord– If landlord requires premises for the purpose of residence or for purpose of doing business or that premises needs to be demolished, landlord has a right to evict tenant.

The top lawyers’ legal advice is let out is Leave and License Agreement and to renew the said agreement time to time. Though Legislation for New Tenancy Laws is underway, yet giving your property without a Time barred lease specifically if you are living in foreign countries is something to be avoided for.

 

Petition for Eviction of the Property

Petition for eviction of property

Eviction of property for various purposes may turn ugly if the relationship between the tenant and landlord is not amicable. Lack of understanding may lead to several issues and in many cases, the involvement of court to carry out the eviction.

One of the prominent reasons for a landlord to ask his tenant to vacate a property is the bona fide requirement of the landlord. ‘Bona fide’ requirement refers to the situation where the landowner requires the premises/property for self or family use.

There are some things that the landlord should keep in mind while carrying out the eviction. Of these, the major thing is that he/she shouldn’t use any unfair means such as threatening the tenant, throwing out his possessions, forcefully entering the premises or cutting down his basic amenities.

This not only affects the case negatively but also gives an opportunity to the tenant to file a case against the landlord. If the allegations are proved successfully, the chances of getting the property evicted may reduce significantly.

Other interesting facts about these petitions are:-

  • The crucial date for determining the legit needs of the landholder for eviction proceedings is the date on which the petition is filed.
  • The death of the petitioner has no effect on the trial because the heirs of the deceased applicant are entitled to defend the case after mentioning the bona fide requirements of the asset as specified in the petition.
  • If the property is owned by multiple people, only one of them is required to file the application if none of the co-owners object. The rules state that every co-owner possesses ownership rights over each and every element of the asset. Thus, no co-owner can be considered a partial owner.

Undoubtedly, the landlord has full entitlement to his property even if he rents it out. His bona fide requirements are sufficient to ask the tenant to evict the premises. However, it is essential that the owner abides by the law and doesn’t use any unjust means to get his property back.

Petition for Eviction of the Property

Petition for Eviction of the Property

Landlord-Tenant disputes, in particular eviction issues are some of the more common cases that we get to deal with.

In the recent past our eviction lawyers have come across some cases that bring to notice the fact that there is more awareness needed about this particular aspect.

Take the following cases for example:

Bhupinder Singh Bawa vs Asha Devi Case

  • Landlady filed a petition to evict the tenant as the property was required for business purposes by her son
  • Tenant appealed in the court that the son was already involved in family business and could start the work at some other location along with his father.
  • The court while dismissing the renter’s appeal said that the landlady has all the rights to use the premises for setting up her son’s business.
  • Further it was said that the tenant’s appeal was not suitable as there is no such law that would ask the landlady’s husband to modify his business to accommodate their son’s work and that too when the rented property is located in much more suitable area for the new business.

Gaya Prasad vs. Pradeep Srivastava case:

  • The court held that the date of filing of application for eviction is important to decide the bona fide requirements of the landlord.
  • In this case, the landowner started the eviction process to set up a clinic for his son.
  • The proceeding continued for a long time during which the son got associated with the Provincial Medical Service and the location of his posting was changed regularly.
  • The court here gave the ruling in the favour of eviction stating that the son joining the job was not important here.
  • The date of filing of petition was the crucial date to determine the need of eviction of the property.

In the context of various issues that keep coming up in these tenant eviction cases, it is vital to understand the following terms/requirements:

What do you mean by bona fide requirement of the landlord?

The bone fide requirement of the landlord refers to the condition where landowner needs the premises/property for self or family use.

Can a landlord evict tenants for bona fide requirement of property?

Yes, the landlord can evict or file a petition for eviction of the tenant on the basis of bona fide need of the asset.

Which date is considered crucial to decide the bona fide requirement of the landlord in case of property eviction proceedings?

The date of filing of petition for eviction is considered crucial for determining the legit requirement of the landlord for eviction proceedings.

Does the demise of the petitioner affect the proceedings of a case filed for eviction of the tenant?

No, the death of the applicant doesn’t affect the proceedings as the heirs of the deceased are permitted to defend their case citing the bona fide requirement of the property as mentioned in the petition.

Is it compulsory for all the owners of an estate to be present to file the petition for eviction of the renter?

One of the co-owners can alone file the application for eviction if all the other co-owners do not object. As per rules each and every co-owner has ownership rights over each and every part of the property. Therefore, it cannot be said that any co-owner is a partial owner.