Legal Procedure To Follow In Case The Tenant Refuses To Evict Even After Receiving a Notice By Landlord

After issuing an eviction notice and expiration of the waiting period the 'right to occupancy is terminated'. In India, unfortunately, in many cases, the landlords are harassed by stubborn tenants and their resistance to all overtures. So what does the landlord do now?

1. Do not take the law into your hands. Keep calm and pursue legal avenues.

When the problematic tenants refuse to leave, remember that despite all legal avenues, your tenant also has rights. A tenant's bad behavior doesn't give you carte blanche to behave badly in return.

If notice by the landlord has been properly issued and served, and the tenant refuses to leave, then the landlord must file a dispossession action in the local civil court which, after due process, will result in the court issuing an 'eviction notice'

2. Learn about the Rent Control Act

Almost all the State Governments in India have enacted their own Rent Control Acts (RCA), however, the chief objective of all the rent control laws is to protect the interests and legal rights of landlords and the tenants.

The rental laws in India enable the landlords to file an eviction suit against the tenant if there is a justifiable and valid reason for such a measure. The issues upon which a landlord has the power to vacate his house are the ones mentioned in sub-clause (o) of section 108 of the Transfer of Property Act, 1882. Following are the grounds for eviction of a tenant in India:

• The tenant has intentionally not paid a mutually agreed rent amount for more than 15 days from the due date.
• The tenant has sublet a rented property to another person without taking the landlord's permission or providing a written request.
• The tenant has used rented premises for unlawful purposes or other purposes than mentioned in the rental agreement.
• Any action of the tenant has led to the loss of property value or its utility.
• The tenant's actions are found to be objectionable by the neighborhood and the landlord has received a complaint against the tenant.
• The tenant has intentionally refuted the landlord's title in the rented property for an unknown reason.
• The landlord needs their property for own occupation or for any family member.
• The landlord needs their property for repairs and renovation which otherwise is not possible unless the property is vacated.
• The landlord intends to construct another building that requires demolition of the property.

2. File an Eviction Suit

• The tenant may refuse to vacate the rented property after receiving the notice In this case, the landlord can hire a rental property lawyer to file an eviction suit against the tenant. The suit for eviction of the tenant is filed in a civil court under whose jurisdiction the rented property is situated.

• Before you head into the hearing, you will need to prepare all of the documentation you will need to prove your case. At a very basic level, you will need the following documents:
• The lease agreement
• Any bounced cheque from the tenant
• Records of all payments, if any, no matter the kind
• Records of all communication between you and the tenant, which includes emails or phone calls
• A copy of the eviction notice that was provided to the tenant

3. Final Eviction Notice: 

• The court hears both sides and issues a final legal notice for eviction for the tenant based on the arguments and evidence present. The tenant has to vacate the rented property once the court sends the final eviction notice.

4. Have all your documents in order for the eviction hearing. If the tenant doesn't show up to the hearing, the eviction will usually be decided in your favor. However, the judge may not always decide owed rent issues in your favor. So it is important to keep document your rescue.

5. What happens if the tenant refuses to leave after the eviction notice has been served by the court? 

The eviction process is handled by a court and, if necessary, by local law enforcement pursuant to a court order. If the tenant refuses to leave after the eviction notice has been served then he or she will be forcibly removed from the premises by authorities under the direction of the court.