Overview

Before renting any property to a tenant, the landlord must make a rent agreement with the tenant. The rent agreement outlines all the rights and liabilities of both the tenant as well as the landlord. There are several statutory enactments that govern the relationship between the landlord and tenant. The statutory enactments also make provision for dealing with disputes arising out of the relation of the landlord and the tenant. The landlord has the right to evict the tenant on certain grounds such as breach of the rent agreement or any nuisance created by the tenant.

Meaning

Landlord is the owner of the property who rents or leases the property to the tenant or the lessor for a specific duration and for a certain amount of consideration which is to be paid by the tenant monthly, according to the terms of the rent agreement made betweaen the landlord and the tenant.

Rights And Liabilities Of The Landlord

• All material defects must be disclosed by the owner. Any latent defect which may not be discovered in the natural course of time must be disclosed by the owner of the property.
• The owner must make sure to put the tenant in possession of the property.
• The owner must not neglect to make necessary repairs on the property. If the owner fails to make the necessary repairs, the tenant can do the same and deduct the expense of repairs from the rent or recover it from the owner of the property.
• The owner must not neglect to create any such payment which he or she is bound to make. And such payment is recoverable from the tenant or against the property even if the payment is not created by the landlord. 
• The landlord has the right to collect or recover rent from the tenant according to the deed of lease.
• The landlord has the right to evict the tenant in case of any breach of the lease deed by the tenant.
• The landlord has the right to retain back his possession on termination of the lease period according to the agreement.
• The landlord has the right of compensation from the tenant if the tenant does not vacate the premises after the termination of the lease period.
• The landlord or any of his agents must intimate the tenant prior to their arrival.
• The landlord may also seek the permission of the tenant for building any structure or carrying out any necessary repair or improvement on the leased premise.

Rights Of Tenant

• In case of any accession, that is, any alluvion for the time being force, is made then such accession shall be taken under the lease.
• If any destruction or damage has been caused on the property due to fire or flood, war or violent act of mob or any other means which makes the property unfit for residing, then the lease becomes void at the option of the tenant.
• Tenant has the right of deducting the expenses from the rent or recover them from the landlord which incurred due to the repairs made by the tenant. This right arises if the landlord fails to make necessary repairs on reasonable time even after sending notice.
• The tenant has the right of recovering from the landlord or deducting it from the interest of the rent if the landlord fails to or avoids to make any such payment which he or she is bound to pay and such payment is recoverable from the tenant or can be recovered against the property.
• In case the tenant leaves the property, he or she must ensure to remove all the things attached to such property and hand over the property in the same state as he or she received it.
• The tenant along with their legal representatives have the right of collecting the crops that are planted, sown, or grown by such tenant on the leased property if the duration of the lease has not been specified.
• The tenant can transfer the property by way of sub-lease or by a mortgage, provided prior permission has been taken from the landlord. However, the tenant cannot avoid the liabilities arising out of the lease even after transferring the property by way of sub-lease.

Liabilities Of Tenant

• The tenant shall pay rent to the landlord on due time.
• The tenant must maintain the property in proper condition which has been rented out to him or her.
• The tenant shall disclose any material fact to the landlord that arises on the property and is likely to increase the value of the property and the landlord is not aware of the same. 
• The tenant must inform the landlord of any illegal encroachment or proceedings or interference on the property.
• The property rented by the landlord shall not be used by the tenant for any other purpose other than which the property is rented.
• Except for agricultural purposes, no fixture or structure can be taken off permanently from the property without the consent of the landlord.
• It is the duty of the tenant to give possession of the property back to the landlord when the lease is terminated.

Grounds For Sending Legal Notice To Tenant For Vacating Premise

The reasons for sending a notice to the tenant by the landlord are described in the Premises and Tenancy Acts. The Premises and Tenancy Acts vary from one state to another. However, the grounds on which a legal notice can be sent to the tenant has been described in the Acts.  Following are some of the grounds for sending eviction notice to the tenant for vacating the premise by the landlord.

 

• Non-payment of Rent to the landlord with ill intentions even after the expiry of 15 days.
• Subletting of property by the tenant without written consent or NOC from the landlord.
• When a property is used for purposes other than mentioned in the Agreement Clause, such as using the property of the landlord for setting up a commercial business.
• An omission or act which causes loss of utility of value of the landlord’s property.
• When written consent is asked for by everyone due to causing a nuisance in the neighbourhood.
• Occupation of a premise by the tenant in another state or region of the country for more than 4 months.
• Any change made by the tenant in the nature of the property without the consent of the landlord or tenant denying the title of the owner.
• Modification or alteration or temporary construction made on the landlord’s premises.
• Landlord needs the property for personal use or the purpose of his family.
• Landlord requires the property for making necessary repairs. And would let the tenant on the premises after completing the repairs.
• For the purpose of demolishing the property and construction of another property.

For the above state reason, the landlord must consult a good lawyer for drafting proper legal notice for eviction of the tenant. The landlord has the right of filing the eviction suit against the tenant if such tenant does not vacate the premises within 30 days of the notice.

Procedure For Eviction Of Tenant In India

A rent agreement is required for filing a suit for eviction against the tenant in India. It becomes a difficult procedure for proving that property is rented if no such agreement has been made. The following process must be followed after grounds for eviction have been established by the landlord.

 

• Sending Notice for Vacating to the Tenant- The landlord is required to file a notice for eviction in the court within whose jurisdiction the property rented is situated. The notice must specify the reason for eviction along with the date and time within which the tenant is required to vacate the property. A reasonable time must be given to the tenant for vacating the property by the landlord. 
• Filing suit for eviction – Generally, tenants vacate the property after receiving the notice for eviction from court. However, even after receiving the eviction notice the tenant does not vacate the property or refuses to leave the property, the landlord can file a suit for eviction against the tenant with the help of a lawyer. The suit for eviction of the tenant is required to be filed in the civil court within the jurisdiction of the property.
• Final Eviction Notice- A final legal notice to evict the tenant is issued by the Court after hearing both the tenant as well as landlord based on their arguments along with the evidence presented. On receiving the final eviction notice the tenant is required to vacate the property.

FAQs On Landlord And Tenant Issue

What is the duration of serving a notice both by a tenant and landlord?

What are the documents required for filing a suit for eviction?

Can a landlord evict the tenant in 2-3 days?

Can the landlord evict the tenant without an order from the court?

Can a tenant be evicted in the absence of a rent agreement?

What is the time period to be specified in the notice for vacating to the tenant?

Can a tenant sublet the rental property?

Can the tenant stay on the property if it has been sold by the landlord?

How Lead India Can Help You?

1. Trustworthy & Confidential - We assure you that all your personal details & documents must be kept private. We never share these details with anyone.   
2. Expert Advice – Clients need expert advice before proceeding with any issues troubling them. We have the most experienced lawyers who provide you with the best guidance and procedure required. 
3. Zero Stress - You do not have to worry about the paperwork & complex process at the court. Our Associate will perform all these actions at the court. 
4. Top Quality Lawyers - Lead India will help you to choose among the best civil lawyers for drafting notice for eviction. There are different associates who work with us, you can choose a lawyer depending upon their practice area, experience & user rating. 
5. Track Your Case - We provide you the opportunity to track your cases from the online dashboard. You can easily track your case status, payment status, etc.