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Here's What Landlords Need To Know About Tenant Eviction

Here's What Landlords Need To Know About Tenant Eviction

Here's What Landlords Need To Know About Tenant Eviction
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A landlord may not have the complete right on the property when giving it for rent, but, one right that he has is the eviction of the tenant in case he/she breaks any of the tenancy rules mentioned in the lease agreement.

Sounds easy? Well, not really. In 2016, in one of the rulings, the Supreme Court had said that no tenant can be evicted for five years if he is paying rent on time. This ruling is irrespective of the length of the agreement signed between the tenant and the landlord. There is only one way that a landlord can evict a tenant -- only if needs to use the place himself.

Take a cue from examples like these and design a lease agreement with strict rules for your tenants thus, making it easier for you to evict the tenant in case the situation arises.

When can you evict a tenant?

Rent not paid

This is one of the most common reasons for tenant eviction. A landlord can do with a delay of a month or two, depending on the duration for which the tenant has been living in the property. But, in case your tenant is skipping the rent for a long time now, it is time to let them go.

Sub-letting

You rented a property to two, but, your tenant ended up adding two more tenants to the property and started taking rent from them. This is serious, either ask them to put an end to this or be prepared to evict.

Damaging the property

In case the tenant has seriously damaged the property and is unwilling to pay for the damages, you have the right to evict them.

Self-use

In case you, as a landlord, want to take back the property for personal use, you could do so by sending an eviction notice to your tenant.

Commercial use

In case your tenant is using the residential property to run a business of their own from the premises, this can call for an eviction. Commercial use of a residential property could lead you to trouble, too.

What should an eviction letter have?

Do you have a solid ground to evict your tenant? Here is how you should begin. Write them a formal eviction letter, with all the following mentioned:

  • Define reason of eviction: You will have to clearly state the reason behind evicting the tenant. Wherever possible, give examples. Also, make sure you tell them that this is against the rules set in the lease agreement.
  • Define the period: An eviction letter should clearly mention the time period within which they must leave the property. The time can vary between 1-3 months depending on the reason.
  • Mention remedies, if any: In case the tenant has been living in the property for long, but has been breaking the rules lately, you could send them an eviction letter as a warning. You could also share some remedies following which the eviction could become null and void.

Process

Eviction process is equally professional just like the one you follow when you give your property on rent.

  • Hire a lawyer: You will need a lawyer for the process to be smooth and doesn't cause friction between you and your tenant. Moreover, a lawyer will ensure that your case is strong and that the tenant must be evicted.
  • Send eviction letter: A formal eviction letter should be sent to the tenant before you move the courts.
  • File & send notice: A suit is then filed in the civil court and then the tenant is notified for the hearing.
  • Hearing: Either the tenant leaves the premises without visiting the courts or may contest the notice. In case the tenant contests the case, you will have to wait for the court to give a decision. Make sure you have strong arguments and proof to ensure the eviction happens.

Also Read: 8 Essentials In A Good Rent Agreement

 

Last Updated: Tue Aug 29 2017

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