Letting a luxury house for rent in Bangalore is an excellent source of passive income every month. However, if the renter does not pay the dues on time, your income property investment can give you a nightmare.
Thankfully, the Rent Control Act grants specific rights to a landlord to evict a tenant for not paying the outstanding rental charges.
In this guide, we have explained how to evict a tenant legally (provided you have enough reasons to do so) from a rented property in the Silicon Valley of India.
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What to do if the Lessee does not pay the Rent
When you lease house to a renter on a legal agreement, it is vital to include the terms and conditions that follow in the event of failure to pay the monthly rentals. In general, eviction is the last resort if the tenant seems reluctant to pay the dues after a mutual conversation or delays the process. The first step is to send a legal eviction notice to the occupant, asking the person(s) to leave the house. Mention the due time in hand and the consequences that follow if the occupants do not move out.
On What Criteria Can You Evict a Tenant
The provisions of the Rent Control Act in India vary from state to state. In Bangalore, a landlord may file a lawsuit for eviction against the tenant for not paying the rent under section 27 (2) of the Karnataka Rent Control Act 1999 on the following grounds:
- The lessee does not pay the overdue intentionally for an extended period (should be at least 15 days or more from the specified date in the rental agreement)
- The tenant is found subletting/subleasing the rental property to another person without seeking the consent of the property owner
- The occupant is found using the rented property for unlawful activities/purposes other than that mentioned in the tenant agreement.
- An act (intentional/unintentional) by the tenant causing loss or damage to the property, fittings, utilities, etc.
- The property owner receives a complaint (justifiable/valid) against the activities of the renter
- The neighbours find the occupant’s involvement in objectionable activities and raise charges
- An act of intentional disapproval of the owner’s title in the rental property by the tenant for an unknown reason
- An urgent need for repair/renovation project that is not possible in an occupied house
- The landlord needs the property for his own use or for a family member(s)
- The owner wants to demolish the existing structure and construct a new building on the concerned premises
Evicting a Tenant as Per Govt. Rules in India
In one or more of the above events, a landlord may proceed to evict the lessee. Following are the eviction procedures under the Rent Control Act:
1- Send a Legal Eviction Notice Asking the Renter to Vacate the House
The landlord must approach the concerned court under the jurisdiction (based on the property location) to issue a legal notice for eviction. This legal document should clearly state the reason for sending the notification. The tenant should be allowed reasonable time to relocate somewhere else and vacate the property.
In most cases, the lessee may follow the notice and leave the property.
2- File an Eviction Lawsuit
The tenant may refuse to comply with the initial notice and contest the eviction in court. The landlord may hire a property lawyer to file a suit as the last resort if the tenant refuses to vacate the property after receiving the eviction notice.
Both parties must proceed with the lawsuit in the civil court within the jurisdiction of the concerned property.
The court will pass its judgment after hearing both parties. Once the court issues the notice of eviction, the tenant is bound to abide by the orders.
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