renting their property is evicting their tenants. Both the tenant as well as the landlord are responsible as to how their situation is sorted out. Either they could handle their problem peacefully or the issue between them could turn into a complete ruckus. When asking the tenant to vacate the premises which was rented out will be a valid demand on the part of the landlord as the house or the property rented is under his ownership as has been provided by the law.
The tenant will have to be informed by an eviction notice explaining the intention of the owner to vacate the premises before the actual date, such period must be equal to or should be more than 30 days. During the period in between the tenant can look for another property, thus he could vacate the premises as required by the landlord.
Notice To Tenant To Vacate is a necessity, as it could provide information as to on what date the notice was sent and if a considerable amount of time was offered to the tenant.
Eviction from the property:-
An eviction is a process through which the landlord/owner legally remove his tenant from the office property. There can be a number of reasons as to why the landlord wishes to evict the tenant. These may include the situation where the tenant fails to pay the rent or is unable to pay the rent on time, violates terms of their rental/lease agreement, the contract of such lease if gets terminated or the tenant gets involved in some criminal activity or for any other reason. Various states in the country have several land and property laws and regulations. The landlord must not simply order the tenant to evict his premises, but will have to follow certain rules and regulations as have been imposed by the respective state governments.
Eviction Notice-
There is no difference between the terms ‘eviction’ and ‘unlawful detainer’. An unlawful detainer is a person who unlawfully seizes or has taken possession of the property and this action of his would result in a civil proceeding so as to evict such tenant from the property. An eviction Legal Notice To Vacate Rental Property is a formal notice which will be sent to the tenant explaining to him the breach or termination of the tenancy agreement demanding that the property has to be vacated within a defined time.
Reasons for Eviction-
non -payment of the rent by the tenant
Terms of agreement having being violated
Subletting the property by the tenant without the permission of the landlord
Acts which result in depleting the value of the property.
Conducting any illegal or anti-social activity on the property by the tenant
If there is any bonafide personal necessity of the landlord
Situation may get worse if the tenant is a bully. Such tenant if does not wish to leave the premises, could create unnecessary nuisance for the landlord. Hence, resulting in the landlord taking legal steps in order to have his property vacated, hence exercising his right to file for a suit for eviction against his tenant. However, the first step while starting a legal suit is to send an Notice For Vacate Rental Property.
Eviction Process:-
The first step will to appoint a civil lawyer and communicate to the tenant the reason for seeking such eviction from the property.
Tenants have been provided with protection from any arbitrary eviction from their homes except in case of some specific reasons and some specified conditions as have been mentioned under the Rent Control Act,
The landlord of the property would have the right to evict a tenant in case the tenant commits certain specified acts or in case the landlord requires the property for his personal use.
Sending a notice to the tenant to vacate the property- An eviction notice form is required to be filed in the court of competent jurisdiction, mentioning the basis for eviction including the time and date by which the tenant shall leave the property, the notice for eviction shall be issued to the tenant. A reasonable amount of time is to be given to the tenant to evict.
File a suit for eviction-After the eviction notice has been received by the tenant, he has a right to refuse vacating the premises. In such case, the landlord can file a lawsuit against the tenant to vacate the property. The suit has to be filed in the civil court under whose jurisdiction the property lies.
Final notice for eviction- The court after hearing both parties, and hearing the arguments by both, shall issue a final legal notice for the eviction of the tenant. Once the notice has been issued by the court, the tenant would have to evict the premises as this notice can’t be overlooked.
Many landlords complain about the tenants not paying their rent in time or not maintaining the property properly or extending their stay even after the period as per the agreement has ended. The Rent Control Act, 1948 was designed so as to address the same problems.
Following the Act enacted by the Union Govt., the states have added or changed the provisions as per their own requirements. The statute basically aims for the protection of the right of the tenants against any arbitrary decision of the landowner, however, it also ensures the rights of the landlords as well.
Lead Indiaoffers you a team of experienced advocates who have been successfully dealing with the issues related to property law including the problems which are related to lease, eviction, etc. For legal assistance or guidance you can talk to a lawyer or can free legal advice from us.
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