How to evict a tenant without rental agreement in India

How To Evict A Tenant Without Rental Agreement In India?

How to evict a tenant without rental agreement in India

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If a renter isn’t paying the rent or isn’t leaving the home, evicting them can be quite distressing for the landlord. Though now every state has quite strict rules regarding when and how to evict a tenant without Rental Agreement. Out of so many Tenants there are few who give a real pain to the Landlords in vacating the property. If the tenant doesn’t leave the property, the owner may give a formal notice, and if the tenant still doesn’t leave, the owner may take legal action.

How Can I Remove A Tenant Without A Tenancy Agreement? 

In India, there are an endless number of rules & regulations that are passed everyday regarding the issue of landlord and tenant. Not everyone is aware of the rules and follows them. If you want to remove a tenant without Rental Agreement then you need to take strict actions:

  • Before sending a legal notice, the Landlord should talk things out with the tenant, though in many cases the tenants vacate the property but there are few exceptional cases where tenants refuse to vacate. If the tenant refuses then the landlord can send the legal notice to them. The legal notice has to be filed in the court in which everything is mentioned about the vacating of the property after that the tenant has to vacate the property even if they don’t want to. The renter must be given a sufficient amount of time to leave the rented space, according to the landlord. The majority of the time, tenants vacate rental property after getting a court-issued legal notice. 
  • If in any case the tenant refuses to vacate the rented property then the landlord can file eviction suit against the tenant with the help of a lawyer. The civil court hears the case under which the jurisdiction of the rented property falls.
  • Even after doing this much if the tenant is not ready to vacate the property then the final step for the landlord is to take the case into the court where the judge hears both the parties and gives the final legal notice to the tenant. The tenant has to vacate the property after the final legal hearing.

Eviction without a rental Agreement in India can be tough but this is the process of how you can evict a tenant without rental agreement.

Also Read, Type of Rental Agreement

  • Today, landlords take extraordinary precautions to prevent such occurrences and are knowledgeable about the laws and guidelines pertaining to Rental Agreements, as well as the rights of landlords and tenants in India, which are outlined in the Rent Control Act, which was passed by the Government of India in 1948. 
  • According to this Act, the landlord and the tenant must sign a Rent Agreement outlining the specifics of the rented property, the rental time, the monthly rent amount, and the parties involved. 
  • If there is No Rental Agreement between both the parties and the landlord has given the property on rent only on the basis of verbal agreement then it can become a problem later.

To avoid eviction without rental agreement, we would recommend you to have a rental agreement that you can get online. You can go through out detailed guide on how to make rental agreement online.

Can I Evict A Tenant With A Tenancy Agreement?

Mostly the things are sorted between the landlord and tenant due to the mutual understanding but at times when the tenant breaches some of the clause of the rental agreement then the landlord has the full right to evict the tenant from the rented premises. The renter in question could receive a formal notice, requesting compliance or eviction, and outlining the next steps you’ll take if they don’t reply.

Also Read, Avoid the mistakes before Signing a Rental Agreement

Can A Landlord Evict A Tenant Without Notice In India?

A landlord does not have the power to evict the tenant from the rented premises without giving a legal notice. If the landlord is evicting the tenant then he/she should have a proper reason to evict the tenant. The tenant can also use his/her legal rights if he/she is being thrown out of the rented property without any proper reason.

You can ride through to our blog post of FAQs on rental agreement to get the answer of most common queries on rental agreement.

Can You Be Evicted With No Tenancy Agreement?

  • If there is no tenancy agreement between the landlord and tenant then it is considered that the tenant has to pay the rent monthly and the tenant is liable to pay at least 15 days of Notice period to the landlord and has to vacate the property within this period only. 
  • If the property is being used for business, the renter may request to remain there for an additional 3 months after receiving the notice to vacate.
  • If the tenant doesn’t leave the property, the owner may give a formal notice, and if the tenant still doesn’t leave, the owner may take legal action. The renter may then be subject to legal action.
  • Both sides avoid legal entanglements when there is a rent agreement in place. In this every clause would have been mentioned and both of the parties have to follow the rules and regulations.

Conclusion

Now when it comes to Rental Agreement then people need to make it as not because it is important but now it has become an necessity that without a Rental Agreement both the landlord and the tenant can face a lot of problems. As a tenant, think before you go & live in a rented place and if you are a property owner, do not take in any tenant without a rent agreement cause you can dig a hole for yourself.