Question 1

What are the legal grounds for eviction of a tenant in India?

Accepted Answer

A landlord may legally evict a tenant in India on the following grounds:
1. Where the tenant has failed to pay the rent of the property for more than 15 days from the date on which it was due
2. Where the tenant is found to have sublet the premises of the landlord to a third party without the consent of the landlord
3. Where the tenant uses the property for any purpose other than that which had been agreed upon between them
3. Where the tenant has used the property in such a manner as may reduce the value of the property
4. Where the tenant has been using the property for immoral or illegal purposes
5. Where the tenant has been causing nuisance in the neighbourhood according to the neighbours
6. Where the tenant denies the title of the property to the landlord
7. Where the tenant has been living in a different region or State within the period of the rental agreement for more than 4 months
8. Where the landlord intends to use the property for his own use of the use of his/her family
9. Where the landlord intends to conduct repairs or reconstruct the building

Question 2

What is the process of eviction of a tenant in India?

Accepted Answer

According to the rental agreements currently prevalent in India, you may evict your tenant only on legal grounds such as non-payment of rent up to 15 days after rent-due, for your own personal use, etc. the rental laws also lay down the manner in which you may evict your tenant:
1. Eviction notice must be sent by the landlord giving reasonable time to vacate the premises clearly elaborating upon the reason behind the eviction. The notice should necessarily mention the date and time by which should eviction should take place and the same should be filed before the Court. The notice is then sent by the Court to your tenant for eviction.
2. If the tenant refuses to leave the property after such notice, you must hire the best property law advocates in your locality to help you file an eviction suit against your tenant. The jurisdiction of where the suit must be filed depends upon the location of your property.
3. The Court hears the eviction suit taking into consideration the case as stated by both parties including evidence and arguments. If at the end of this, the ground of eviction being legal, the Court rules in favor of the landlord, the Court shall a final eviction notice to the tenant. The tenant has to then vacate the property necessarily to avoid punishment.

Question 3

What documents are necessary for sending a legal notice to a tenant?

Accepted Answer

For sending an eviction notice to your tenant, you must necessarily have the rent agreement as it acts as proof that the property has been given as rent by you to your tenant for a specified period of time. You must also have the title deed of your property as proof that the property belongs to you.

Question 4

How much does it cost to send an eviction notice to a tenant?

Accepted Answer

Legistify provides you with the most experienced lawyers in your locality to help you send a legal notice to your tenant at affordable standardized costs. It is a cheap and effective way to send an eviction notice with no hidden costs and no unnecessary hassle.

Question 5

What is the recourse if the tenant is behind on the payment of rent?

Accepted Answer

If a tenant is behind on rent and there has been a delay in payment exceeding 15 days from the date on which the rent must have been paid, then this may act as a ground for legal eviction on the part of the landlord.

Question 6

What is the validity of a verbal tenancy agreement?

Accepted Answer

Although a verbal agreement is valid, it is always better to have a written and signed agreement. You would need the agreement in case of there being any dispute arising between you and your tenant leading to you sending an eviction notice to him/her.

Question 7

Can I ask my tenant to leave the property for my personal use?

Accepted Answer

Yes, asking your tenant to leave on the basis of wanting to use the property for the personal use of you and your family is indeed a valid ground for eviction. You must send a legal notice drafted by the top property lawyers in your locality at affordable prices.

Question 8

Can I ask my tenant to leave the premises for repairing the property?

Accepted Answer

Yes, asking the tenant to leave the premises for the repairing or renovating the property is a valid ground for evicting the tenant. You may also ask them to leave if you want to construct anything on the premises that would need the current structure to be demolished.

Question 9

What can I do if my tenant is damaging my property?

Accepted Answer

When you get to know that your tenant is causing damage to your property or is doing anything that may reduce the value of the property, you may take steps to evict him/her from the premises.

Question 10

I have been receiving complaints from my neighbours about my tenant. Can I evict him on this basis?

Accepted Answer

If you are receiving valid complaints from your neighbours regarding nuisance created by your tenant in the neighbourhood, it becomes a valid ground of eviction.