The eviction process has always been difficult for landlords and tenants. There's no problem if the tenants leave the property at first notice. But things go wrong when tenants refuse to vacate. It's your property, and you, as an Owner, have legal rights of this property. But laws of different states and countries had allowed many legal rights to the tenants too. So if a tenant refuses to vacate, we would suggest the following steps. Those steps are offered and executed by the rental management companies in agreement with the owner.
Know the reason
There may be a severe and genuine problems which the tenant is facing so firstly you should know the reason. When there is a reasonable justification, then tenant should be given more time. Reasonable justification varies and depends upon the judgment of the landlords and rent management company. Like, if the tenant has not yet identified another lease house and he has no place to live, then you should consider some extension in the lease term.
On the other, if the justification is not reasonable, then you should follow the next step.
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| Tenant management in Bangalore |
Communication
The landlord own the rental properties, and he has legal rights. But before going to the court, it's always a fair way to deal outside the court. So as an Owner or Rent Management company you should communicate with the tenant respectfully. If the tenant can be evicted from a rental property, then there would be a positive result afterwards. It would not affect your goodwill in the market. So, talk to the tenants and ask them to leave the house if the justification isn't reasonable.
Legal Action
There's always a lease agreement signed by both parties. And all the legal process depends on that lease agreement. As an Owner you can seek legal advice from a lawyer or if the property is managed by a property management company, such as SANGAU, in Bangalore then they will take the legal action. Lease agreements are prepared under the jurisdiction of local laws or state laws. So following the terms and conditions of the contract there would be some clauses that would be applied to such scenarios. Always follow the legal and legit ways to get tenants out of a rental property.
Tenancy at will
When you rent your property without any lease agreement, then this is called a tenancy at will. So, if the communication didn't go well with the tenant and there is no active lease agreement, then discuss with a lawyer such a scenario. There are laws about tenancy at will these should be considered to decide the further course of action.
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| Property rent management Bangalore |
If they are paying rent
At the end of the tenancy agreement, the tenants might want to continue to stay in your rental property. In such cases, Owner should allow them if they are paying monthly rents in a timely manner. Some local laws entitle the landlords to increase the rent in such cases and increase should be discussed to reach an agreement.
Eviction notices
There are usually two types of eviction notices
- Eviction notice with cause
- Eviction notice without cause
The landlord can send tenants an eviction notice that describes the cause. Like if the tenant is not paying the rent or violating the lease agreement, then the landlord has the right to send him an eviction notice with a cause.
The landlord can also issue eviction notice without cause. It does not describe any reason for such eviction, but in such cases, the court allows some extra time to tenants. This time can vary from 30-90 days depending upon local laws.
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