A whopping 48 percent of the Indian urban population is tenants. And, the figure is growing exceedingly every year because of the sudden increase in migration to cities. Not everyone can afford to buy a house, and the tenancy is a feasible option for them. There are many benefits of living in a rental flat at Jaipur as compared with buying a house. But there are times when a Tenant can face issues like illegal eviction. Being a tenant, you need not worry about meeting such problems in the future because the Indian laws have several provisions that protect the rights of a tenant. Ideally, a landlord cannot send eviction notice on any ground other than those mentioned in the law.

Before digging into the ways to prevent an illegal eviction, let us know what the legal grounds for eviction are.

Legal grounds for eviction

Each state in India has a different rent control act. You must check the specific law of your state. Generally, non-payment of rent, rent agreement violation, enrollment of the tenant in any illegal activity, and major property damage are the common grounds for a tenant’s eviction.

If the landlord wants to evict the said tenant on any other ground, it will amount to unwarranted eviction. Therefore, you must thereafter seek the help of law and the enforcement bodies to prevent this eviction.

Among the various grounds of legal eviction, non-payment of rent is the most common one. Let’s find out how you can save yourself when served with a notice pointing out rent non-payment.

What to do when given notice for rent payment?

Sometimes, the landlord may choose the “non-payment of rent clause” to evict you. If that’s the case, then being a tenant, you can request the landlord to send his bank account details so that you can deposit the unpaid rent.

However, if the landlord does not respond to the notice within 10 days, the tenant should send a money order of the respective rent amount.

In case the landlord refuses to accept the money order, the tenant has the right to approach the court and file a petition.

Remember you cannot accept the eviction order, if the landlord misused the law of rent non-payment against you. You can exercise your rights and get a legal remedy for the situation.

Who to approach in case of fraud by the landlord?

If your landlord sends you a notice of eviction, then you should visit the Rent Controller of the appropriate jurisdiction, challenging his/her reasons for serving you the notice of eviction. In the court, the tenant can provide the reasons supporting the requisite evidence.

How to file a suit for an injunction?

If everything in the eviction notice is legal and the tenant has no intention to challenge it, then also under many circumstances, the tenant is not liable to vacate a house at the request of the landlord.

For example, if there is a medical emergency or you are senior citizens, then you can file a suit for injunction, in the court to legally impede the landlord from evicting your family.

This step should be taken by the tenant in case the landlord asks him to leave the premises without any appropriate notice.

Conclusion:– Many times, tenants may get a notice for vacating the property on illegal grounds. In such circumstances, you can approach the court by using your rights as a tenant. Remember, you are not supposed to evict the house under any invalid reason. And, even in case of a valid reason, you should be allowed an appropriate notice period.

The post What are your rights against illegal eviction from a rented flat? appeared first on GharOffice Blog.