Renting a property is a convenient way of earning some extra income. For many people, it is often the primary source of income as well. But, this easy source may spell trouble when you need your tenant to vacate your property but the tenant refuses to do so. In this case, you will need to initiate eviction proceedings against the tenant. It is completely legal to evict a tenant on any of the grounds laid down by the state Rent Control Act.
Before evicting a tenant, you need to send an eviction notice first. This notice will inform the tenant of your intention to start legal proceedings if he fails to vacate the property. This will provide the tenant an opportunity to vacate the property and escape legal proceedings.
Steps in Eviction of a Tenant
- Determination of all the reasons behind eviction.
- Drafting a notice for eviction.
- Serving the notice to tenant and obtaining an acknowledgement.
- Waiting for the tenant to vacate the property within the time stated in the notice.
- Filing an application for recovery of possession if the tenant fails to vacate the property within the specified time frame.
Grounds for Eviction
The specific grounds for eviction will vary with the state. But the major grounds for legally evicting a tenant remain more or less the same.
You can evict a tenant on the following grounds:
- The tenant fails to pay rent within two months of service of notice of arrears of rent.
- If the tenant sublets the property without written permission of the landlord or uses them for any purpose other than the intended purpose.
- In case of residential property, the tenant or his family are not living in the property for at least six months before filing of recovery application.
- If the landlord genuinely needs the residential property for himself or a family member.
- The property is not safe for human occupation and landlord needs to carry out repairs. The nature if repairs should be such that it us not possible to carry them out without vacating the property.
- Premises need to undergo a major change or addition which cannot be made without evicting the tenant.
- Tenant builds or acquires possession of a vacant property.
- Tenant causes substantial damage to the property.
- The Landlord needs to use the property for a building work under orders from the government or the municipal authority.
Things to Keep in Mind
The above grounds allow you to evict a tenant legally. But, you need to keep some things is mind.
- It is always better to have a rent agreement with your tenant.
- The notice for eviction should give a reasonable time to the tenant to vacate the property.
- Some states require compulsory police verification of tenant. Make sure you always comply with the tenant verification regulations.
- For filing an application for recovery of possession, you need to support your application with documents such as property ownership papers, rent deed, or rent agreement etc.
What not to Do?
We understand that not being able to get possession of your own property is frustrating. But intentionally causing trouble to the tenant will weaken your case and may also amount to harassment. Therefore, make sure that you never perform the following acts.
- Changing the lock of the property.
- Not allowing the tenant to enter the property.
- Entering the property without tenant's permission.
- Denying the use of utilities such as electricity, gas connection, or water.
- Using force or any other illegal means such as calling goons or beating up the tenant.
So, don't indulge in any of the above acts if you want to present a strong application.
How PocketLawyer Can Help?
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