Owning extra houses and earning rental income from those houses is considered a good source of passive income. However, if proper steps are not taken, this easy source of income can turn into a nightmare. Especially if you happened to deal with irresponsible tenants.
What is an Eviction?
Generally, an Eviction is a process whereby the landlord/owner legally removes a tenant from the residential property. There may be different reasons why the landlords want to evict a tenant from the property. And some of them might include when the tenant fails to pay the rent, non-payment of the rent on time, violation of any rental/lease agreement term, termination of a lease contract and conduct of the criminal activity, and so on. Different states have different land and property laws and regulations. The landlord literally can not order the tenant to vacate the property. While evacuating the tenant, he must obey certain rules and regulations imposed by the state government.
What is an Eviction Notice?
An Eviction Notice is a formal notice sent to the tenant by the landlord detailing the breach or termination of the tenancy agreement and demanding that the property should be vacated/evicted within a defined time. It should be observed that the terms ‘Eviction’ and ‘Unlawful Detainer’ are no different. Both words tend to mean the same thing. An unlawful detainer is essentially a person who unlawfully seized or took possession of the property and Illegal detainer action leads to a civil proceeding to evict a landlord from the property.
Why send notice to vacate premises?
Sending an eviction notice to the tenant by the landlord in India is a formal intimation. A legal notice to the tenant to vacate the premises from the landlord is assumed as an opportunity for the tenant to find a new place. Notice to tenant to vacate is a situation where a tenant is given a reasonable time to leave the rented place and find a new one. In order to vacate the rented property, a legal notice works really well.
In general, the grounds of eviction are:
- Non-payment of rent
- Violation of term of the agreement
- Subletting without permission of the landlord
- Acts which deplete the value of the property
- Using the property for illegal or anti-social activity
- The bonafide personal necessity of the landlord
In any tenancy, the situation gets worse for a landlord when the tenant is a bully. Such tenants do not want to leave the premises and create an uncalled nuisance for the landlord. India is one such place where such issues are quite prevalent. The tenant forcefully stays in possession, thereby inviting the landlord to exercise the right to file a suit for eviction against the tenant. But before filing a suit, the landlord should first send notice to the tenant to vacate the premises.
Writ of Possession
This is essentially the final act of expelling a tenant from the landlord’s property on the grounds of order of the court that allows the local officials or police officers to evict the tenant or his/her property from the property of the landlord if the tenant fails to vacate the house. The possession writ can not be halted until both the landlord and the tenant agree to continue the lease and the tenant, if any, has paid all the rent or other expenditures. Now, let’s get to know what is a tenant eviction notice and the reasons behind evicting a tenant.
The eviction process begins with hiring a civil lawyer and sending a notice. The first step is to hire a civil lawyer and communicate to the tenant the reason for seeking his eviction. The landlord sends an eviction notice to the tenant through his lawyer. An opportunity is given to the tenant to correct the issue involved, e.g., for non-payment of rent; the tenant can pay the rent and settle the matter.
The period of the expiry of the notice must be clearly stated. The landlord gives a reasonable time to the tenant to act on his complaint. If the tenant continues to stay even after the notice period’s expiry without making up for his fault, the landlord can file the ejectment petition. There may be situations like tenant using the premises for illegal activities, where one need not send a prior notice.