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TENANT EVICTION NOTICE

TENANT EVICTION NOTICE

It’s well established that laws governing tenancy in India tend to favor the tenant. For example, only recently the Supreme Court ruled that a tenant cannot be evicted for five years (regardless of the length of the agreement) by his landlord so long as the rent is paid on time — unless the landlord needs to use the place himself. As a landlord, you will find such a ruling ridiculous. But because of such rules, you should include strict clauses that make it easier for you to evict your tenant in the tenancy agreement, should the need arise. Here are common reasons for eviction of a tenant:

1. Failure to Pay Rent

If you need to evict your tenant, non-payment of rent is perhaps the strongest case you could have. Even if the rent is delayed by longer than 15 days, it’s good enough to evict. This includes non-payment of electricity, gas or any other utilities bill, unless it is stated in the agreement that these expenses will be borne by the landlord.

2. Sub letting

In case your tenant is letting out your apartment to another, putting it up on AirBnb or even hosting a friend or family member for an extended period of time, you can have him/her evicted in case of an unwillingness to put an end to the practice.

3. Commercial Use

In case your tenant decides to run a business from your property, even you could be in trouble. You could immediately choose to evict in this case, or even if the property is used for a purpose other than that mentioned in the agreement.

4. Property Damage

An obvious reason, usually mentioned in all agreements. Any significant material damage to the property can be recovered from the deposit.

5. Society Problems

In case the behavior of the tenant is not satisfactory according to the society, you may evict the tenant.

6. Self-use

In case you need to use the property yourself, for whatever reason, you may evict the tenant and resume use of the property.

To evict the tenant, you would need to serve him with an eviction notice.

An eviction notice is the first legal action for a landlord looking to remove his/her tenant. If the tenant fails to comply with the notice, you may file a case for eviction of the tenant. In India, for a variety of reasons, tenancy laws tend to be tougher on the landlord than the tenant. Consequently, there are limited reasons for which a tenant can be evicted. These reasons may even be different depending on the state you are living in.

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