Renting out a property to tenants makes it easy for the landlord to make money. At the same time, it also brings potential risks, as you may never know whether the tenant will vacate the property or pay rent. Due to the continuous rise in disputes related to rental property, more and more landlords are becoming aware of their rights given in the Rent Control Act implemented by the Government of India.
Also, the tenants sign the rental agreement before handing over their property rent to any other person. These agreements provide certain rights to the tenants but prevent them from taking overall legal ownership of the property. Once the agreement is signed, the landlord and the tenant know their rights, duties, and entitlements.
If you are planning to rent an apartment in Bangalore or any other Indian state, you must be aware of your legal rights as a tenant. But, if you are a landlord and are interested in knowing your rights and the legal steps you can take, check out the information below:
Rights You Have as a Landlord!
As discussed above, signing an agreement is meant to generate the legal rights of the owner of the property over his property. For this reason, the tenant cannot forfeit it, even if the property has been given on rent. To figure it out, as a landlord, you need to be aware of the fundamental rights mentioned in the Rent Control Act.
Note: If you want to avoid any disputes with your tenant in the future, check out apartment management companies for rental property.
Now, let’s find the most common right of a landlord according to the rental control Act.
Right to Evict
If the tenant can commit violations, the landlord has the right to evict the tenant. Keep in mind that different Indians may have differences regarding this right. As per the legal guidelines, the landlord has to give advance notice regarding the eviction to the tenant before knocking on the court’s door.
Right to Collect rent
It is obvious that tenant has to pay rent to the owner as per agreed rental terms mentioned in the rent agreement. The landlord can also change the amount of rent. For that, it should be mentioned in the rental agreement that the rent will be increased from time to time. The same thing happens if you rent an apartment in Bangalore, which means you must be ready to pay an increased amount at any time.
Right to Screen Tenants
Another vital right you may need to be aware of is tenant screening. Property managers and residential landlords commonly use this term to assess potential tenants. In this right, one can evaluate the likelihood that the tenant will meet the rental agreement’s guidelines and take utmost care of the rental property. The process ends with a decision on whether to grant approval to the applicant or deny tenancy.
Right to Receive Proper Maintenance
As a landlord, you have the right to take back the property for maintenance or renovation and to improve the overall condition of the premises. This does not mean that you can cause any harm to the tenants or their comfort.
Reasons Why Landlords May Have to Take Action
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Now let’s move on to why a landlord can file an eviction suit against their tenant. However, there must be a valid and reasonable reason for such an assessment. Below are some common grounds for eviction against a tenant in Indian law:
- A tenant has sublet the rented premises to someone else without intimation or written notice to the landlord.
- The tenant has not deposited the finally agreed rent amount For more than 1 month or as agreed in the rent agreement terms.
- If the rental property has been used for illegal purposes or some other reason that hasn’t been mentioned in the rental agreement.
- The landlord is receiving complaints regarding tenants.
- Any act of the tenant can depreciate the value of the property.
- The landlord requires their premises for any family member or their own stay or business.
- A premise is needed for renovation and repairs.
- The owner of the property intends to sell the property.
- The owner of the property intends to build another building that needs the demolition of the premises.
What do you need to consider before evicting tenants in India?
Below are steps that need to be followed to evict tenants as per the legal process:
Review the Rental Agreement
A rental agreement is the comprehensive list of terms agreed between a tenant and a landlord to manage a tenancy. However, this agreement indicates every aspect of the two parties, such as the tenancy provisions, final rent amount, tenant and landlord names, address, etc. Once you have decided to sue your tenant, your legal counsel may ask you to bring this document in so they can review it.
Establish a Legitimate Ground for Eviction
The next step is to display a valid ground which can be one or more from the given section. After having reasonable grounds to evict the tenant, the landlord can proceed in court with further steps.
Generate a Notice of Eviction to the tenant.
Afterward, a notice of eviction has to be filed with the court. This can be done under the proper jurisdiction, mentioning the reason for eviction and other information, such as the date and time the tenant must vacate the property. To do so, the landlord must give the tenant a reasonable time to leave the rental property.
File a Suit
Sometimes, a tenant may deny leaving the rented premises after collecting the notice from the court. In such cases, you can hire a property legal expert to file a suit against your tenant in a civil court.
Seek Assistance from Authorities
After hearing both parties, in most cases, the court issue a legal notice for eviction based on the evidence present and arguments. The tenant must leave the rented premises once the final notice is sent.
Conclusion
That’s it for this post; if you want to evict your tenant with solid evidence and grounds, you must follow the above steps. Make sure to sign the rental agreement to avoid any unforeseen difficult situations.
Moreover, you may approach ORO to get better deals on your property, as we provide the best apartment management services in Bangalore. We will help you find, screen, and verify your tenants, rent collection, and more.