Planning To Evict Your Tenant? Mind These
The prime reason to rent a property is to be able to earn a monthly income. However, like all other sorts of income, earning this one too is no easy job. As a landlord you have several responsibilities also. In case you are not careful in picking a right tenant, you may have to evict him at a later stage. If you really are considering tenant eviction, you will have to exercise extremely caution. Before you go all guns blazing at your tenant and make your intentions known, you must consider the legal aspects of the entire process.
Seek expert advice
Even if you are by and large familiar with the process, it would wise to seek legal expertise in the matter—simply put, hire a lawyer to assist you in carrying out the task. It is relevant to note here that rent control laws in India are skewered in favour of tenants and unless specific conditions are met landlords cannot force tenants to vacate the premises. Unless there has been a willful default in rent payment or the tenant has caused damages to the property, landlords will find it difficult to evict tenants. Subletting of the premises without keeping the landlord in the loop could also be a valid cause of eviction. The reason for which you are planning to evict your tenant may not be sufficient in the eyes of the law to do so.
Arbitration not possible
In case you think there is any possibility of you convincing the tenant to vacate the property on your own, do try to talk the matter out. Once, you approach a rent control court to seek eviction of the tenant, there can be no turning back. Arbitration at a later stage is not possible. The Supreme Court has recently ruled that disputes over tenancy cannot be determined by arbitration; it should be adjudicated in a civil suit. The apex court said that disputes involving tenancy and eviction were governed by specific laws and cannot be referred to arbitration.
Keep the proof
It is not only in matters of property purchases that you have to be cautious about documents; matters of renting also require a similar treatment. How so? Once you file a plea with a competent authority, it would notify the tenant, asking it to present his case. Depending on the evidence provided by both parties, an eviction may or may not be granted. In case you fail to prove your point through documents, you stand to lose.