What To Do If Tenant Refuses To Vacate Property?

Due to loopholes in old tenancy laws, it may become difficult to evict tenants is specific situations

Cases of tenants overstaying and refusing to vacate the property are often reported. This is usually followed by long court battles. Let us take a look at options that property owners have in situations when the tenant refuses to vacate the property.

What are valid grounds for evicting a tenant?

Legal rights to landlords are provided under the Rent Control Act. However, the exact set of laws may vary from state to state. But the basic objectives are mostly the same. Before evicting a tenant, certain conditions need to be fulfilled.

Valid reasons include non-payment of rent, subletting of property, use of property for illegal operations, damage to property, tenant creating nuisance for neighbors and expiry of lease term. A tenant has to vacate property if the landlord needs it for personal or family use. Also, when demolition and reconstruction is planned.

How to evict a tenant?

The tenant has to follow the terms and conditions mentioned in the rental agreement. In case there is no written and registered rental agreement, the tenant gets 15-day notice to vacate the property. This is as per Section 106 of the Transfer of Property Act.

First communicate – It is important to first communicate with the tenant, explaining to him the reasons why you need the property back. If they ask for more time, it can be agreed as well. Do not use force or bad language, or it could be used against you at a later date. Keep all records of communications with the tenant to strengthen your case.

Serve a legal notice – If the tenant refuses to vacate the property even after multiple requests, you can serve a legal notice. This notice is issued by a lawyer, falling under the relevant jurisdiction. Most tenants will vacate the property when they get a legal notice.

File an eviction suite – If the tenant refuses to vacate the property even after the legal notice, you will have to approach the court for an eviction order. You will probably need a lawyer’s services for this. You need to provide all the documents such as rental / lease agreement, evidence of non-payment of rent, copy of legal notice, etc. The court will hear both parties and pass an order. If the order is in your favor, the tenant will be asked to vacate the property in a few weeks’ time.

Enforcing the eviction order – In some cases, the tenant may refuse to vacate property even after a court order. In such cases, you need to file an execution petition in the same court. The court will then Court Officer (Bailiff) for the eviction of the tenant and their belongings. Police assistance may be provided if needed.

As is evident, there are options available to evict a tenant in case they refuse to vacate property. Since tenancy rules may vary from state to state, it is advisable to get legal support from a lawyer.