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A rental tenancy is simply a type of a lease in which the property is temporarily transferred from the ownerto the tenantaccording to Section 105 of the Transfer of Property Act, 1882. And But, The Rent Control Act of 1948encompasses all the provisions relating to tenants and landlords.
In any form of tenancy, if the tenant is a bully or there can be any other reasons and because of this the landlord's situation became worse. Such tenants are unwilling to leave the premises that create an uncalled nuisance for the owner or landlord and this gives landlord the right to file an eviction action against the tenant.However, before filing a claim, the landlord should first notify or send notice to the tenant to vacate the premises.
It offers the possibility of amicable and fast dispute resolution without court proceedings, which saves the parties money and court time.
This serves as a final warning and clarifies the sender's intent to take legal action if the request is not fulfilled as per the requirement.
This serves as a evidence in court that the other party was informed in advance of the grievances and disputes but was unable to reach a settlement. And it is also mandatory to send a legal notice before filing a lawsuit for certain offences.
It also gives parties a fair chance to resolve their dispute through negotiation, mediation, or arbitration without taking the matter to court.
If the tenant intentionally fails to pay the rent to the landlord even after 15 days have passed.
When the tenant uses the property for purposes other than those specified in the contract. Example: Use of Residential Property for Commercial Purposes.
If the tenant denies ownership of the owner or changes the nature of the property without the written consent of the owner.
The need to carry out repairs that requires empty premise. However, residents have the right to move in after completion.
If the tenant rents the property without the property owner's written consent.
If the tenant increases the subtenant's rent without the landlord's written consent. Even though the tenant had written consent from the landlord to sublease.
If the Tenant adds, alters or creates any permanent/temporary structures on the premises without the landlord's written consent.
If the tenant rents the property without the property owner's written consent.
Acts or omissions of the tenant that result in loss of use or value of the rental property.
If the landlord wants to construct new structure and for this he/she have to demolish property.
If a neighbor finds the resident's behavior to be unpleasant and the landlord receives a complaint against the resident.
The first step in the eviction process for a landlord in India is to serve a written eviction notice to the tenant, informing them of the reason for the eviction and the date by which they must vacate the property.
No, a landlord cannot change the locks or remove the tenant's belongings without a court order. Only the court has the authority to carry out an eviction.
Illegally evicting a tenant is a criminal offense in India and can result in fines and imprisonment for the landlord. The tenant can also sue the landlord for damages incurred due to the illegal eviction.
Yes, a tenant can be evicted during the lease term if they violate the terms of the rental agreement, such as non-payment of rent or engaging in illegal activities on the rented premises.
Yes, a tenant can contest an eviction notice. The tenant must file a written response within the specified time period and explain why they should not be evicted. The court will then hear both sides of the case and make a final decision.
No, a tenant cannot be evicted for complaining about the condition of the rental property. This is considered retaliation and is illegal.