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We understand that sometimes tenants refuse or inhibit the willingness to leave the premises even when the landlord makes continuous requests. This makes the situation more complicated for the landlord to deal with. We have put down steps to assist landlords who face the daunting task of evicting tenants from their property. Both landlords and tenants must be aware of India’s eviction regulations to protect their rights and interest. You can deal with this challenging situation with greater certainty when you know the necessary procedure and steps.

When Can I Evict a Tenant?

A landlord would never want to evict a tenant, but in some cases they are left with no other option. Landlords evict tenants for different reasons and some grounds of evicting a tenant may be:

• Breach of the lease contract or non-adherence of the rent agreement conditions
• Failure to pay rent on time
• Participating in unlawful activities or operating business from the property without notifying the landlord
• If tenants attempt to alter the rental property or intentionally damage it beyond a normal regular wear and tear
• Not evacuating the rental property after the lease term or the rental period agreed gets over

Legal Steps and Procedures To Evict a Tenant

Mentioned below is the procedure that will help you legally evict a tenant:

Review the Agreement

The landlord must review the terms of agreement to ensure that there is a valid reason to evict. This will ensure a smooth removal process and reduce the chances of issues later.

Notice to Evacuate

The next step involves issuing an official notice of evacuation. This includes an appropriate reason for eviction and specifies the date and time of the eviction. The landlord must allow an appropriate time for the tenant to leave the property.

Response from Tenant

The tenant has the right to respond to the notice of eviction. They can either leave the property or even address the issue mentioned in the notice if they believe something is unfair.

Filing an Eviction Petition

The landlord has the right to file an eviction petition in the civil court. This is when the tenant refuses to evacuate the property within the time period allotted. You can seek assistance from a civil advocate in Bangalore as filing a petition by the landlord requires all necessary paperwork like rent/lease agreement, eviction notice, the confirmation of notice delivery and other supporting documents for the eviction reasons included in the petition. 

Summoning Tenant

If a tenant does not evacuate the rental house despite being served the eviction notice, the landlord may need to serve a summons to the tenant. It is an official document that requires tenants to appear before the concerned court and respond to the landlord for eviction.

Court Hearing

Both parties are required to attend the hearing. During the hearing, the tenant and the landlord must provide appropriate evidence to back their assertions. The court will analyze the legality of the grounds for eviction and decide based upon the laws applicable. Failure to appear before the court by any party could result in a default judgment against the absent party.

Court Order

If the judge decides in favor of the landlord then the court will issue an eviction order. This requires the tenant to vacate the property in the mentioned period.

Execution of Court Order

Most tenants comply with the court’s order and leave the property in the specified time. However, if the tenant still does not evacuate the property, the landlord has the right to seek assistance from the court. The court will order the local officials to remove the tenant from the premises physically.

Wrapping Up!

We tried our best to cover every relatable aspect about legally evicting a tenant in this blog piece. We understand the complexity of this procedure; however, understanding the guidelines and steps can help the parties deal better with this situation. The majority of landlords try avoiding legal recourse, but it’s the last possible recourse. Landlords must consult an experienced civil advocate in Bangalore to protect their rights and interests.

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