Vous êtes sur la page 1sur 7



Grounds of Eviction


I would like to express my profound gratitude and deep regards to my faculty “ Dr. Sanjay
Pandey ” who gave me the golden opportunity to do this wonderful project on the topic
“Grounds Of Eviction” under Indian land law, whose valuable guidance has been the once that
helped me patch this project and make it full proof success. His suggestions and instructions has
served as the major contributor towards the completion of the project.

This project work has really helped me in gaining abundance of knowledge in the subject of

Although it may appears fair to submit that owners do not fit the picture of heavy handed
exploiters of the poor. It seems equally fair to say that they try to receive reasonable return from
their investment. However, there are family like aspects to the relationship, they are not
substitute for the economic realities. While we talk about the rights of a tenant and how to
safeguard them, there is other side of the transaction too.

A landlord, under the rental laws in India, there are rights that safeguard the interests of a
landlord too. The Rent Control Act is one important act passed by the government of India in
1948, post which several states like Delhi, Maharashtra and Karnataka have undertaken
modifications to the same. It gives the landlord the right to evict a tenant from the property on
certain grounds. Housing is a multi-party process. Each person in the housing development
should effort collectively, considerately and courteously to expand and execute suitable housing
solutions. Tenants as well as landlords should respect the needs of each other and also to
understand that one cannot survive without the other. If the tenant requires an accommodation to
reside the landlord also want someone to let out his property to keep his finances in good
position. In other words they have no status individually. Existence of one is very much
dependant on the existence of the other. Rights, off course, do not exist by itself. Tenants need to
be educated of their duties, responsibilities – things they need to do in respect of the
corresponding rights of landlords. It reminds tenants that they are obliged to respect and look
after the property they occupy. The relationship between a landlord and tenant can get sticky
when things go awry. Therefore, they are obliged to fulfill all the terms and conditions of the rent
agreement. Hence, if he is failed in fulfilling his obligations he can be very well evicted by the
owners. However, the tenants are given protection against illegal evictions by the landlord. They
can freely move to court and take the shelter of judiciary for seeking just and fair decisions
against any illegal eviction.
Following are the most common grounds on which eviction can be done by the
landlord :

1. Nonpayment of Rent
The most common reason for a lease termination and eviction is nonpayment of rent.

It’s an easy concept to understand: “if you don’t pay, you can’t stay”. Most courts and judges are
reasonable about this, and make little exceptions to allowing a non-paying tenant to remain in the
unit. With that said, if a landlord is failing to provide a habitable dwelling, then sometimes,
nonpayment of rent is overlooked.

However, “nonpayment of a late fee” is not the same as “nonpayment of rent”. Most courts will
not award a landlord a judgment solely for unpaid late fees.

2. Lease Violation
The second most common reason for eviction is when a tenant violates a lease clause.

Many violations can allow the landlord to terminate the lease if the issue is not corrected quickly
Here are the most common lease violations:

 Unauthorized Pets

Having pets when none are allowed, or having more pets than what is allowed.

 Extended Guests or Unapproved Occupants

Many residents think that they can move their boyfriend or girlfriend into the unit without
asking – for as long as they want. However, most leases don’t allow any occupants other
than those listed on the lease (for good reason). Unapproved occupants, can be a
complete legal and liability nightmare.

 Unapproved Subletting

Most leases grant a resident “exclusive” rights to occupy the dwelling. This means that
the landlord can’t rent it to anyone else, but it also means the tenant is under the same
restriction. Most thorough leases prohibit subletting without prior approval, so the tenant
can not sublet the property while he is enjoying somewhere else.

 Improper Use

Many administrative or home-based business are allowed to operate out of a residential

dwelling, but sometimes a tenant will take it too far. For example, it would be okay for
tenant to open up a Mary Kay business from the rental unit, but probably not a welding
shop, car wash, or a doggie day spa. A “residential” lease should be used for residential
purposes, and not occupied by a high-traffic business.

 Nuisance Complaints

The neighbors (and the police) will only put up with so many loud parties. If “enough”
noise/nuisance complaints are filed against your tenants, the police department will
actually fine the landlord. At the first sign of trouble, it’s wise to remind your tenants that
repeat noise complaints are a lease violation (assuming this has been put it in lease).

3. Property Damage
If the tenant happens to cause any damage to the property, either intentionally or unintentionally
which has been given to him for rental purposes is said to have damaged the property. Damage to
the rented premises could happen by carrying out any additions to the property by tenant.

 Pools are common, but if they are not maintained regularly, there can be irreparable
damage to the pool equipment.
 Hoarding can also cause property damage, and can be a valid reason to terminate the
lease as long as the person is not claiming that it is a mental disability.

4. Illegal or Drug Related Activity

When a resident is committing a crime, the police, and the local government want to know about
it. There is very little grace granted to drug-dealers. Hence,the resident can be evicted for
carrying out any illegal activity.

In most states, a landlord can terminate a lease with 24 hour (or sometimes less) notice for drug
or crime-related activity.

5. Expiration of Lease
Every good thing must eventually come to an end. But sometimes, a tenant refuses to move out.

If the lease has naturally expired, or terminated with proper notice, then the tenant no longer has
any right to occupy the dwelling. This alone is enough of a reason to file an eviction action in
Once a valid ground for tenant eviction is established, then the legal process to evicting tenants
and the remedies given under the Rent Agreement between landlord and tenant, and the rental
laws in India need to be availed.

the following procedure can be followed to legally evict a tenant in India:

Stage I. Send a Notice to Tenant to Vacate:

The landlord must give reasonable time to tenant to vacate the rented property by serving a
written notice to tenant for eviction, drafted with help of a property lawyer in India, that clearly
mentions the reason for eviction. The eviction notice must also mention the time and date by
which tenant has to vacate the property. The notice to evict must be filed in a court which has
appropriate jurisdiction. An eviction notice from court is then sent to vacate rental property to the
tenant. In the majority of cases, the tenants leave the rented premises after receiving a legal
notice from the court.

Stage II. File an Eviction Suit:

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

Stage III. Final Eviction Notice:

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

Hence, expelling tenant from the rental property can be done by landlord considering a valid
ground and following the above mentioned process of eviction.