What is Eviction?

An Eviction is the procedure of legally removing a tenant from a residential property by Landlord/owner. There might be various reasons that landlord wants to evict tenant from property such as failure to pay rent by tenant, failure to pay rent on time, breach of any term of rental/lease agreement, termination of lease period and conduct of illegal activity etc. Every state has different laws and procedure related to land and property. The landlord simply cannot ask tenant to evacuate property, he needs to follow certain provision and regulations prescribed by state government while evacuating the tenant.

So Eviction notice is a formal letter send by landlord to the tenant explaining violation or termination of tenancy agreement and asking him to vacate/evict the property within specified period of time.

What is the procedure to evict tenant from property as per prescribed laws in India?

Step-1: Issue with tenant with respect to property such as failure to pay rent by tenant, failure to pay rent on time, breach of any term of rental/lease agreement, termination of lease period and conduct of illegal activity, etc.

Step-2: Landlord can inform tenant about any issue which lead to lease termination via:

• a Notice to pay or quit in case of late payment;
• a Notice to comply with terms mentioned by landlord or quit in case of lease violation other than rent payment issue;
• a Notice to vacate for illegal activities done by tenant. In such cases there is no need to resolve the issue by talk. Landlord can directly ask tenant to leave property in such cases.

Step-3: Tenant/landlord can resolve the issue vide talk or by accepting not to breach any term of lease agreement in future and both can agreed to continue the lease agreement and not to terminate the same.

Step -4: if both the parties’ fails to settle the matter or tenant fails to comply with the terms and conditions mentioned in notice, landlord can file a complaint for eviction of tenant in local court. Court once satisfied with the complaint can issue summons/notice to tenant and can also ask either of the party to present certain documents before the court.

Step-5: If the court is satisfied with the evidences given by landlord or after hearing both the parties, judgment for possession and eviction of tenant can be passed in favor of landlord who requires tenant to evacuate the property within prescribed time limit. If tenant refuses to evacuate the premises, landlord can take help of local police officials to evict tenant from the property. But if false complaint is filed by landlord, court can dismiss the complaint in default or can pass any such order as it deems fit.

The whole procedure of eviction of tenant takes how long?

The whole procedure to legally evict tenant takes around 1 to 3 months time period varies from case to case. The whole procedure includes the sending of legal notice by landlord to tenant till eviction of tenant from property. But if the case is critical some time it exceeds 3 months time period too.

Does the security amount paid by tenant is refundable at the time of eviction?

Eviction is never an easy process from the tenant point of view. The refund of security amount depends and varies from case to case and as per final order given by court. In such cases where tenant has not paid rent or some damage to property has been done by tenant, generally security amount is not refunded. Sometimes litigation/legal fee or moving cost is also adjusted from the security given. Vide court order of eviction generally time period of 7 days is given to tenant to evict the property and remove the personal belongings from the place. Sometimes court can ask tenant to pay additional amount to landlord.

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Is there any difference between eviction and unlawful detainer?

No, there is no difference between Eviction and Unlawful Detainer, both terms have same meaning. Unlawful detainer is basically a person who has illegally detained or taken possession over property and Unlawful Detainer action is court procedure to legally evict tenant from property.

What is writ of possesion?

It is basically final act of evicting tenant from property of landlord on basis of the court order that allows the help of local sheriff/police officials to remove tenant or its belongings from landlord’s property if tenant refuses to vacate the property. The writ of possession cannot be stopped unless both landlord and tenant are agreed to continue the tenancy and tenant has paid the entire rent or other expenses, if any.

What is self-help eviction and is it feasible method to evict tenant?

When landlord tries to expulse tenant from property without taking legal recourse, it is called as Self-help Eviction. Laws prescribed under state laws has prohibited self-help eviction to avoid landlord harassment as legal recourse can help evicting tenant from property regardless of any default of landlord or tenant. Whether tenant has not paid rent of property or has violated any term of agreement, landlord should always follow legal procedure and should avoid self-help methods such as threatening tenant to vacate the premises, harassing him to leave, to cut the power of property, changing of door lock etc.

Can tenant sue landlord in case of self-help eviction?

Yes, Tenant may file a complaint against landlord for trespassing the property, for wrongful eviction from property, assault, slander, battery or libel or for intentional infliction of emotional distress. Even is tenant was distressing landlord, tenant’s behavior will not guard landlord from the liability. In case of self-help eviction, tenant is entitled to file complaint before court and is entitled to recover actual damages from landlord resulting from illegal eviction. Court may pass an order in favor of tenant and can ask landlord to pay for temporary housing of tenant or for other expenses to recover damage and for mental harassment, as the case may be. Some states also have provisions that allow a tenant to recover penalties, such as two or three months rent or two to three times the actual damages incurred by tenant. Court can also order and allow tenant to stay or receive free occupancy, or vacate the premises and collect their security deposit from the landlord, whatever the case may be.

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