Today, a huge percentage of the population is moving to other cities for better employment opportunities. The best way to stay there is to rent a room or a flat. Living as a tenant is affordable, and you also get all the needed comforts. However, tenants are always at risk of receiving an eviction from the landlord. Many times, these are unjustifiable, and this is becoming common today. Many cases have come to light in which landlords have traumatized tenants by sending a legal notice. To help the tenants, the state government has laid down some eviction rules. So, tenants must educate themselves about those rules to counter invalid tenant eviction.
Know Your Rights As A Tenant
Landlords and tenants are legally bound. To ensure you do not become a victim of unjustifiable eviction, you must know your rights as a tenant.
No one can evict you because you are disorganized or not friendly. There are laws set aside by the state government for eviction. If the grounds for eviction are invalid, the tenants can seek protection. The rent laws by the state government have proper sections and sub-sections. These regulate the ground for the protection of the tenant. The tenants can seek protection in case the eviction notice served is unjustifiable.
According to the laws, the landlord cannot evict the tenant for five years if all the rent is paid on time. However, the landlord can ask for eviction if he needs the property for personal use. The ground for eviction should be valid in the eyes of the law.
Right to refuse
The government gives the tenant the right to refuse the tenant eviction if he has paid all bills on time and fulfilled all the obligations mentioned in the rent agreement. If the grounds for eviction are unjustifiable, the tenants also have the right to file a police complaint.
Under What Circumstances Can a Landlord Legally Evict a Tenant?
A landlord can legally evict a tenant under certain circumstances, such as:
Nonpayment of rent: If the tenant fails to pay rent as per the rent agreement, the landlord may have the right to evict the tenant.
Lease violations: If the tenant violates the terms of the lease agreement, such as by subletting without permission or causing excessive damage to the property, the landlord may have grounds for eviction.
Illegal activities: If the tenant engages in illegal activities on the rental property, the landlord may be able to pursue eviction.
Property damage: If the tenant causes significant damage to the property beyond normal wear and tear, the landlord may have the right to evict.
End of term: If the renting term has ended and the tenant refuses to vacate the property, the landlord may initiate eviction proceedings.
Ways to Defend Tenant Eviction
Here are the ways a tenant can defend eviction:
Check The Grounds For Eviction
The key grounds for eviction are not paying the rent, property damage, violation of the rent agreement, or illegal activity. Other than these, the landlord cannot evict you. It is better to check out the state Rent Control Act and the specified grounds for eviction. If the grounds for eviction are unjustifiable, the tenant has the right to seek help from enforcement bodies to stop this eviction.
Ask For Adjournment
If the landlord has filed the eviction, you will likely receive a notice from the court to appear on a specific date. Seeking an adjournment is an option if you want to avoid going to court on that specific date. An adjournment is a 14-day postponement. If the landlord has filed the eviction, it does not mean you will have to leave. If the grounds for eviction are nonpayment, you can seek an adjournment and clear your rent. It will prevent eviction.
File An Injunction Suit
There can be many situations where a tenant cannot vacate the house, including a medical emergency or his old parents. If the tenant has a genuine problem, he can file an injunction suit in court to prevent the landlord from evicting him. This is an appropriate step if the landlord is forcing the tenant to leave without notice.
Rent Payment Notice
If the tenant's rent is due and the landlord uses the nonpayment of rent as grounds for eviction, the tenant can ask the landlord for his bank details via written notice. The landlord has to acknowledge the same and provide the bank details to the tenant within ten days of receiving the notice. The tenant can pay the dues as soon as he receives the bank details. If the landlord does not act on the notice, the tenant can also send a money order amounting to the pending rent amount.
Visit The Rent Controller
If the tenant has received an eviction notice on false grounds, they can seek the guidance of the rent controller of your jurisdiction. The tenant can ask them to challenge the tenant eviction notice. The tenant will then have to present before the court on the summoned date to present their case. They can also present evidence supporting the case.
Other Possible Defenses
Here are other possible defences the tenant can use if called to court.
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The landlord did not provide the receipts for the rent payment.
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The tenant did not pay the rent because the landlord needed to provide maintenance and repair services mentioned in the rent agreement.
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You have all the rent payment receipts and the false eviction grounds.
High Court Judgements on Tenant Rights
According to a recent judgement by the Himachal High Court, a tenant's right to re-enter a property is not absolute and is bound by the law of time.
The court was hearing a case of tenants where building reconstruction is required, and tenants want to re-enter after the repair or reconstruction. The court held that although the tenants have a right to re-enter the premises, it is not absolute. The High Court held that in case the premises, after rebuilding/reconstruction, are to be rented, then tenants will have the right to reentry/re-induction following the law.
As far as the right to re-enter the premises is concerned, it will be subject to the prevailing laws and requirements of the landlord. However, if the tenant has reconstructed the premises for better use, from residential to commercial, the landlord reserves the right to give the renovated space to anyone. The previous tenants do not have an absolute right to reentry into the premises.
Latest Update on Landlord Tenant Relations
November 2023: In a key judgement, the Delhi High Court has held that courts should refrain from prescribing any guidelines for landlords' choices when a tenant is evicted from the rented premises on bonafide grounds. The Delhi High Court said that it is not within the prerogative of the courts to direct the landlord for his/her choices related to the chosen premises.
In the case under question, the landlord wanted to set up a business for her wife on the rented premises. This indicates a bonafide requirement by the landlord, and he has every right to evict the tenant. The Court held that no directions can be passed to the landlord under the 'Delhi Rent Control Act'. The landlord is free to make decisions in this regard.
Conclusion to Tenant Eviction
Evicting tenants on false grounds is common these days. Most of the time, the landlords are motivated to increase the rent. If you receive a legal notice, there is no need to worry as there are rights to protect you and prevent such false evictions. All you need to do is keep yourself updated about tenants' rights. You can also file a counter and present your case to prevent eviction.
