Dated: 2024-04-24 16:01:07
My tenant is not paying the rent, also didn't vacate the house when asked to do so. Plz guide me through this and the steps I can take.A tenant can reside in the rented house only till the time mentioned in the agreement. After that, he has to vacate the house or has to renew the agreement. But there should be a legal agreement existing between the landlord and tenant till the time tenant is residing in the house.
A tenant may have to evict the rented house if he commits any act which is not provided by the law as well as the rental agreement. The grounds for eviction are,
Generally, it is suggested that you talk to your tenant and sort out things and provide them with a notice and an opportunity to vacate the premises, before opting for legal recourse.
The rent control act, which governs all the rent agreement in the respective state, provide the landlord with the rights, when he can ask the tenant with to evict the house. The state government has appointed a competent authority to oversee disputes related to rented property within its borders. The landlord can approach this authority so that they decide. This process is a pretty lengthy as it takes around 5 to 6 months. The rent control board has the powers conferred, and can direct the tenant to pay the complete rent and vacate the house.
The other legal way, is to file a criminal suit of trespass. Trespass can be defined as, the entry of a person or conducting any activity in owners land without the prior permission/consent of the owner. So, when a tenant refuses to evict the house, it is regarded a trespass as the excess time spent by the tenant is without the consent of the landlord. This kind of trespass can be categorised as house trespass, which amounts to criminal trespass. House trespass and its punishment is defined under Sec. 442 and Sec. 448 respectively.
The landlord can approach the civil court to claim compensation for the mental as well as the physical damages which he has suffered.
Krishnaveni Advocate