When Can Landlord Kick Tenants Out Of A Rented Property?

The landlord's eviction of the tenant is possible, provided there are enough grounds for that. Eviction is not an easy process. Many states have various tenancy laws with different provisions of asking the tenant to leave the premises. 

There is a requirement of a rent agreement between the landlord and the tenant that gives the avenue to the landlord to evict. If the tenant does not abide by the agreement, it creates eviction. The tenant can be asked to leave. If it is found that the tenant does not pay the rent, that could be one of the reasons for the landlord to ask the tenant to leave. 

The tenant is not allowed to sub-let the rented premises without the landlord's written permission. Subletting can be a valid ground for eviction of the tenant. If the premises are used for some illegal activity, the landlord has the reason to evict the tenant. The tenant cannot make any alterations to the property without written permission from the landlord. If there is any waste caused or any negligence that results in the deterioration of the property, it is a basis for eviction. 

The tenant is not supposed to make noise or behave in a way that causes problems to the neighbours; the tenant can be asked to leave the property. The owner can ask the tenant to leave if he has to accommodate an ailing relative dependent on the landlord. 

The landlord cannot start the eviction process without a lawsuit for eviction. Termination of tenancy should first be made legally. There is a need for a notice of eviction. Sometimes the tenant does the thing for which eviction notice was prompted, like paying the rent, the eviction can temporarily be delayed. 

During the Pandemic

From time to time, the government implements a moratorium on the execution of eviction. The tenant should pay the rent even if the suspension or expulsion stands. The landlord can impose a late fine if that condition is mentioned in the rent agreement. If the tenant has issues regarding payment of rent due to COVID or any other reason, he should discuss the matter with the landlord. The tenant should exercise this option. 

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If you are a tenant, you should check with the position of law in your area. You can check it online also. 

Different states have different laws about ending a tenancy. The type of notice served by the landlord depends on the situation. Each state has its rules for that. 

There may be paying the rent or quit notice. It is done when the rent has not been paid. The tenant is given some time to arrange for the payment of rent. There may be a cure or quit type of notice. It is shown in the event of a violation of the rent agreement by the tenant. There is a fixed time within which the cure can be made. Sometimes, there are unconditional quit notices served on the tenant. It is served for many reasons. One of the reasons could be that the rental agreement violation was done repeatedly. The rent payment has been late on more than once. The tenant might have damaged the property or engaged in some illegal activity. These unlawful activities might include dealings in drugs. In some states, the tenant is not given any opportunity to correct himself. He is not given a second chance. Sometimes a tenant does not move out of the premises even after getting the notice from the landlord. The landlord may go in for legal eviction in this situation. If there is a fixed-term lease, the landlord cannot terminate the tenancy. 

If there is a short-term agreement, the landlord may terminate the tenant without cause. The landlord has to comply with the provision of a notice served on the tenant. The tenant can raise objections against eviction notice. The tenant can take legal assistance. The lawyer will try to find the loopholes in the tenancy agreement, or the eviction information served on the tenant. 

The court of law considers the landlord's past behaviour before it takes any action. If it is found that the landlord has failed to keep the premises in a safe or habitable state, this fact may turn against the landlord. In this circumstance, the force of notice of eviction will be weakened. 

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How to Evict a Tenant in India?

The following procedure should be followed:

A notice should be sent to the tenant to vacate the premises. The eviction notice should be filed in a court of law. It should have proper jurisdiction in this case. The information should contain the reasons for eviction and the time allowed by the tenant to evict the premises. The tenants leave the premises after receiving the notice of removal from the landlord. The tenant is given a reasonable time to leave the building or the premises. 

The tenant might refuse to vacate the rented building even after getting the eviction notice from the court. The landlord may appoint a lawyer who is an expert in these matters. The lawyer may take the case to the law court to enforce an eviction. 

The court shall hear both parties before giving a verdict on the matter. The tenant has to evict the premises once he receives the court order. If there is no rental agreement, it is difficult to evict the tenant.

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