Renting out property can be a great investment, but sometimes landlords face issues when tenants stop paying rent and refuse to leave. Tenant-landlord disputes are becoming more common, so it’s important to know the legal process for handling these situations. Eviction of tenant who doesn’t pay rent on time involves complex legal process.
Legal Process for Eviction of Tenant
The relationship between a landlord and tenant is governed by a rental agreement. Here’s a step-by-step guide to follow if your tenant isn’t paying rent
1. Register the Rental Agreement
Always register your rental agreement with the sub-registrar’s office if the rental term exceeds 11 months. According to the Registration Act, unregistered agreements have little legal value. A registered rental agreement protects your property and strengthens your position in court.
2. Send a Legal Notice
Most rental agreements include a clause allowing the landlord to terminate the contract if the tenant fails to pay rent. If your tenant defaults, send a written notice specifying the rent payment default and any other violations of the agreement terms. Avoid going to the police, as tenancy matters are civil disputes and not under police jurisdiction.
3. File an Eviction Suit
In Maharashtra, different courts handle tenancy disputes depending on the type of agreement:
- For leave and license agreements, file the case with the court of competent authority for a faster eviction process.
- For long-term tenancy agreements, file the case in the Court of Small Causes/Civil Court.
- For commercial property disputes, the Court of Small Causes/Civil Court has jurisdiction.
4. Obtain an Eviction Order against tenant
Once you present your case with all necessary evidence, the court will issue a judgment and decree. Hiring an experienced property lawyer can significantly improve your chances of success.
5. Execute the Court Order
After winning the case, the court will appoint a commissioner to carry out the eviction. The commissioner will ensure the tenant vacates the property and returns possession to you. If needed, police protection can be arranged by paying a fee.
Precautions to Prevent Landlord Tenant Disputes
It’s always better to prevent problems than solve them. Follow these tips to avoid future disputes:
- Always register your rental agreement to make it legally binding.
- Consult a qualified property lawyer before signing a rental contract.
- Include clear terms for rent payment, termination, and penalties for default.
Conclusion
Evicting a tenant who doesn’t pay rent can be a lengthy and stressful process. However, registering your rental agreement and following legal procedures can protect your rights and property. With proper precautions and professional legal advice, you can avoid most landlord-tenant disputes and handle issues effectively if they arise.