Justifiable Reasons for the Eviction of Tenant by a Non Resident Indians (NRI)
According to the Indian Rent laws, the rights of a landlord in India permit the landlords to evict their tenants provided there is a legitimate and justified reason for such an action. Many Indian states have declared the lawful basis of eviction for tenants in India. Furthermore, the laws relating to the Rent & Tenancy varies from State to State and every State in India has their own laws with respect to Rental & Tenancy of properties.
It is often easy to find a tenant in India and this is one of the most convenient ways for the Non Resident Indians (NRIs) to earn some extra money. Nevertheless, renting out a property in India while the owner is in abroad, comes with its own set of challenges and threats. There is a specific risk involved when we lease out our house to a stranger. However, eviction of a troublesome tenant, who has illegally taken over your Indian property or is not paying the rent, can be a nightmare for Non Resident Indian (NRI) landlords. These days, landlords take a number of precautions to avoid getting into such situations and are well-acquainted with the rental laws in India along with the rights of the tenants and landlords.
Justified reasons for evicting a tenant in India are:
The rental laws in India allow the NRI landlord to file an eviction case that helps him take the tenants out of his/her property but only if the reason for eviction is justified and valid. Listed below are some the valid reasons for evicting a tenant in India, which are laid down by numerous states:-
• The tenant has deliberately not paid the agreed-upon monthly rent for longer than 15 days from the scheduled date.
• The tenant has been carrying out any illegal and/or anti-social and/or unlawful activity in the tenanted premises.
• The tenant is causing disturbance and/or nuisance to the neighbors.
• The tenant is not following the rules and regulations of the Society and/or the Resident Welfare Association (RWA) and the same has been repeatedly brought to notice.
• The tenant has sub-let the house i.e. rented the house to someone else without the landlord’s consent or without a written application.
• The tenant has utilized the rental property in India for illegal purposes or some other reason that is not stated in the rent agreement.
• Any activity of the tenant that has resulted in the loss of value of the property or perhaps its usability.
• The tenant’s actions are undesirable as noticed by the neighbors, resulting in landlord receiving a complaint against the tenant.
• The tenant has purposely rebutted the landlord’s title in the rented property, for reasons unknown.
• The landlord requires his property for carrying out own business or for any relative.
• The landlord requires his property for maintenance purposes and remodeling, which otherwise is infeasible unless the house is vacated.
• The landlord wants to build another building, which calls for the demolition of the existing one.
Thus, all the above mentioned reasons clearly elucidates the set of valid and legally justified reasons which the Non Resident Indians (NRIs) landlord can put forth and get his/her property vacated by the tenant. The Hon’ble Supreme Court of India in it’s various judgments have upheld the rights of the landlord in getting their properties evicted from unruly and rowdy tenants.
Authored By: Adv. Anant Sharma