What Can A Landlord Do If Tenant Refuses To Vacate The Property?

Rental income has long been a reliable sources of passive income for many, and especially for the elderly. But what if a tenant has lived in a property for a long time and refuses to vacate it? Recently, an elderly couple had to make the staircase outside their rented-out flat their base when the tenant ignored their multiple requests to vacate the house. According to a recent Jagran report, the tenant was asking for compensation from the landlord for vacating the house.

While renting out house is a common practice to generate regular income, it can sometimes put landlords in difficult situations. The key lies in knowing your legal rights and staying protected.

In India, the Rent Control Act defines the rights of both landlords and tenants. The Act was passed in 1948 to protect the rights of both parties in the rental agreements, However, most states now have their own version of the Act, which are largely similar but may contain minor variation in their provisions.  

Rent Control Act

Entering into a rental agreement is the first and foremost requirement to keep you safe from any illegal activities by a tenant in the house. A rent agreement is a legal document that can be enforced to get protection from any kind of exploitation. Note that rent agreement should be registered not just notarised for legal enforcement.

Landlords are protected under the Act through the right to evict, right to charge rent, and the right to possess the property temporarily for renovation, etc.

Right To Evict: Under this, a landlord has the right to evict tenant for a bona fide reason such as when the landlord him/herself wants to live in the property. So, if a tenant does not vacate the house despite reminders, landlord can approach the court.

Right To Charge Rent: Charging rent is landlords' right under the Act. However, there is no specific rule for increasing rents at a certain percentage.

Temporary Possession: The Act also protects landlords from possessing their property temporarily for reasons like renovations or alterations in the property without incurring any loss to the tenant.

However, if there is damage to the rented property due to the tenant’s neglect for reasons, such as a short circuit, cylinder burst, or any similar incident, can the right to evict be enforced?

Ruchita Datta, Partner, D&T JURIS, says, “If the damage done to the rented property is a direct consequence attributable to tenant’s negligence, actions/inactions and it does a significant structural damage or devalues the property by using it recklessly or by not conforming to reasonable care norms then surely the landlord has a right to evict the tenant in addition to also seeking damages.”

However, the liability to prove the negligence on the part of the tenant falls on landlords.

What Can A Landlord Do If The Tenant Refuses To Vacate The Property?

Datta explains, “The landlord can take recourse to the provisions of eviction provided under the applicable law, which can either be Transfer of Property Act (TPA for short) or the prevailing Rent Control Act of that State. A Legal Notice to vacate the property is required to be served on the tenant as a first step in the direction of eviction, especially in the case of a TPA-governed lease. However, if the tenant still does not vacate the premises, then the landlord has a right to file a suit for eviction against the tenant in the court of law.”

What Precautions Should Senior Citizens Take Before Renting Out Their Property?

It is common to use the property for a passive income, but at the same time being legally aware about the complexities it may involve is also important.

Datta warns seniors not to ignore executing a lease agreement with an arbitration clause. She adds, “Recent developments in arbitration law entitle landlords to interim reliefs such as directions to tenants to clear arrears of rent, utility dues, and continued payments of all financial dues during the continuation of the arbitration case for eviction. This disarms unruly tenants to a large degree, who often hide behind delay tactics in Courts and offer release of property without clearing financial dues.”

In addition to this, seniors need to take extra care about whom to rent their property. They can get scrutiny done for the prospective tenant. Further, they should include all the possible conditions in the rent agreement to avoid any confusion later in executing their rights.

“Landlord must get a comprehensive rent agreement drafted by a legal professional covering all aspects of tenancy such as security amount, rent amount, duration of lease, dispute mechanism, responsibilities of both parties, etc.”, Datta adds.

So, if you happen to be in a situation where the tenant is not vacating your house, refer to your rental agreement and pursue legal action to reclaim the property.