Tuesday, February 8, 2011

Grounds for Eviction of a tenant of rented / leased building

Various grounds for eviction are as follows:

  1. Where the tenant has not paid the stipulated rent for more than 15 days after the rent fell due, and such non-payment is wilful.
  2. Where the tenant has, without the landlord's written consent, allowed some other person to occupy the premises, either wholly or in part.
  3. Where the tenant has put the building to a use other than that which the landlord had originally agreed. The term "use" must be reckoned with reference to the lease deed.
  4. Where the tenant has done any act, which has materially impaired the building or its value or utility.
  5. Where the tenant has used the building, or has allowed the building to be used, for illegal purposes or immoral purposes.
  6. Where the tenant is making such a nuisance of himself that his continuance is objectionable either to other tenants of the same building or other persons in the neighbourhood.
  7. Where the tenant has not occupied the premises in question for a period in excess of four months. (This rule does not apply in hill stations for obvious reasons.)
  8. Where the tenant denies the landlord's title to the building itself, and such denial is not well founded. I only wish to add that once a tenant commences tenancy under a particular person as a landlord, the law does not allow the tenant to thereafter disown the landlord, or to assert title to the building in anyone else (save for one exception, which is not relevant here).
  9. Where the landlord genuinely requires the building either for his residential or non-residential occupation, or for the residential or non-residential occupation of any member of his family. Where the landlord (or the person for whom he is seeking eviction of the premises) already owns and occupies another premises in the same town, the landlord must additionally be in a position to state and prove that the hardship that will be caused to him by not giving him the premises will outweigh the hardship caused to the tenant by throwing the tenant out of the premises. This clause is subject to a few exceptions, but these are beyond the scope of this summary.
  10. Where the landlord genuinely requires the building for effecting repairs, which cannot be carried out unless the building is vacated. Please note that once the repairs are carried out, the tenant will be entitled to re-enter the premises.
  11. Where the landlord genuinely requires the building for the purpose of immediately demolishing it and putting up a new building in its place. There are a few other grounds of eviction mentioned in the statute such as those involving members of the armed forces or where the government is the tenant. These again, are beyond the scope of what is an attempt to put the primary sections of the statute in a nutshell. If you, as a landlord, are able to fit your requirements for eviction into one of these categories, you will be entitled to file a petition for eviction before a court called the Rent Controller's Court.

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