As per rules, a tenant can be a contractual tenant or a statutory tenant while a contractual tenant is someone who occupies the premise for a limited period and for the duration his contract was signed earlier. However, it has been seen that in many cases, the house owner while violating the norms drives his tenant out of his house without serving him any notice, and as a result, the family of the person who has been provided accommodation in a rented flat becomes homeless and comes on the streets. Sanjeev who hails from Bihar had been living at a rented flat in Laxmi Nagar in New Delhi for the last 10 years was in distress when the house owner asked him to vacate his rented accommodation within 10 days as he had not signed the contract agreement. For a person like him, it was like a mountain load of trouble coming upon his head. He was perturbed over the thing where he will go now. ” My children are studying in a local school. if I shift to another place, I would have to get my children re-admitted in an -another school. I have no money and hence, I have no choice other than sending my children back home to Bihar, rued Sanjeev. He is not one who faced such a queer kind of trouble but there are scores of such people for whom living in a single rented accommodation has become a lousy affair.
Status of tenancy
As a rule, statutory tenancy comes into existence when a contractual tenant retains possession after the contract is terminated. As per rules, if you have exercised the option to extend your tenancy, the rental agreement stands automatically extended for another two years which makes making you a contractual tenant. However, in case you are a tenant and living at a rented house and that a rent agreement, your landlord can simply can serve you an eviction notice of a minimum of 30 days or as per tenancy law.
No doubt, renting a house or a flat is an onerous task as in many cases, the tenant doesn’t become ready to sign the agreement as he is not happy with the terms and conditions of the agreement, in that case, the landlord can simply give you an eviction notice of a minimum of 30 days or as per tenancy laws.
What are the eviction laws?
Provisions related to the tenants and landlords fall under the Rent Control Act of 1948 and on the basis of it, the rent amount charged by the landlord is fixed. However, rules have been tweaked by the influential homeowners resulting in a legal fight between landlord and tenant. A tenant fighting for his rights becomes helpless as the rental law in India empowers landlords to file an eviction suit against their tenants without citing justified reasons and taken under specific conditions. However, there are exceptional cases in which a tenant can’t move to court.
Some of these are:
There are some stray cases in which a tenant can’t take the help of court if he intentionally fails to pay the rent amount or more than 15 days after the due date, a landlord can file an eviction suit against a tenant, and in some case, if the tenant has sublet an already rented agreement rented house/flat/property to another person without your consent and in case you want to make another building that requires the demolition of an existing property.
Which action a landlord is required to take in some stray cases
A landlord is required to take action against his tenant if there is a requirement to repair or renovate the property on which he is living..which is not possible without vacating the property or if the tenant has used the property the way the landlord didn’t want. In such a case , it is pertinent for a landlord to know the grounds on which he can ask his tenants to vacate his property. But the question arises here as to how you approach it. First, for doing so, you need to subtly send a notice to the tenant regarding the eviction which should also mention an appropriate time and the date by which a landlord requires a tenant to vacate his property. It would be proper for the landlord to be modest in offering a time span to the tenant to vacate the property.
In a few cases, it has been seen that the tenant does not become ready to move out of the rented flat or house even after being served an eviction notice by the court If anything like this happens, it would be proper to hire a rental property and file an eviction suit against the tenant in a civil court under whose jurisdiction property comes in.
In the third case, what a tenant can do when the court listens to both sides and releases an ultimate eviction for the tenant? or if the case is pending in a civil court under whose jurisdiction a tenant’s property comes and in the fourth stage if the court listens to both parties, the tenant can’t overlook the order which was sent once.