Legal Steps for the Eviction of Tenant by a Non Resident Indians (NRI)
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.
Five Step guide for the Eviction of Rowdy & Unruly Tenants which can be undertaken by the Non Resident Indians (NRIs) in order to get their properties vacated in India are:
Step-1: Sending Legal Notice to the Tenant for the Eviction of the Property- The landlord i.e. the Non Resident Indian (NRI) can send a legal notice to the Tenant whereby he can demand the vacation of the tenanted premises and handover of the tenanted premises within a period of thirty days from the date of the receipt of the legal notice.
Step-2: Lodging Complaint against the Tenant with the Society & the Residents Welfare Association (RWA)- The Non Resident Indian (NRI) can lodge an Intimation/Complaint with the Secretary of the Society or the President of the Residents Welfare Association (RWA) and can describe in detail the unruly behaviour of the Tenant and shall apprise them about the initiation of the legal proceedings against the Tenant.
Step-3: Lodging Police Complaint against the Tenant- The landlord NRI can lodge a Police Complaint with the nearest Police Station whereby the Complaint can be lodged against the Tenant for his/her illegal actions and illegal occupancy of the premises.
Step-4: Filing Civil Suit for the Eviction of the Tenant- The NRI landlord can file a civil suit for the eviction of the Tenant and the vacation of the premises before the Civil Court which has the jurisdiction upon the subject matter.
Step-5: Filing for the Application for the Initiation of Mediation Proceedings under the preview of the Court- The NRI landlord can also file an Application before the Court whereby he/she can demand for initiating the mediation proceedings in order to amicable settle the dispute. The said process shall happen under the purview of the Court.
The Non Resident Indians (NRIs) can also file an “Application seeking Ad-Interim Ex-Party Directions & Orders” before the Court and seek interim directions and orders against the Tenant.
The above mentioned lawful and legal steps can be undertaken by the Non Resident Indians (NRIs) in order to get the premises vacated by unruly and rowdy tenants. All these steps are well recognised as per the State Rent Control Acts, the Code of Civil Procedure 1908, the Indian Penal Code (IPC) 1860 and other allied acts and legislations.
Authored By: Adv. Anant Sharma