Aug 10,2022 | 5 min read

RIGHTS OF TENANT IN CASE OF EVICTION SUIT BY LAND-LORD

   

Introduction:

In India, whenever renting/leasing out of property takes place, there is involvement of rules/ regulations under law. Therefore, involvement of rent agreement is essential in order to have all the terms and conditions of the tenancy and also listing out their rights and obligations. There a valid rental agreement must be in writing and date and signed by both parties. The agreement must be stamped and registered.

 

The current trend of landlords filing false and frivolous cases is very common. In most of the cases, it has been noticed that the landlord files a notice of eviction on false grounds i.e.non-payment of rent on time, trivial or minimal changes or developments, and also indulging in private matters of tenants and blindly based on those situations, giving eviction notice. 

 

There are only a limited number of reasons where the landlord can get his property evicted from the tenants such as: when contract is expired and not renewed,in such a situation the landlord can get it evicted within one month of non-renewal, also in case where the tenant expires, the heirs or dependants can stay only for 5 years, after which it can be evicted by landlord. In other cases such as, when the landlord is asking for eviction for his own use, also where the tenant fails to pay rent thrice in a year and lastly, in cases where there is subletting or an immoral use of property etc. However, the Rent Control Act has remedy for all of the issues faced by either landlords/tenants.

 

Rights of Tenant:

The tenant has a right to legally occupy the premises if he is paying his due rent amount in time and not indulging in any such activity which can cause loss to the landlord. Here is a list of basic rights of the tenants, in which case the landlord cannot forcefully get the premises evicted.

 

  1. Right against Unfair Eviction: Under the Rent Control Act, the landlord cannot evict their tenant without a valid ground/ reason. Since, the states have different rent laws and hence rules of eviction slightly vary.  In some states, the rules of eviction are that the landlords have to approach the Rent Controller Court and get a favorable order for the same.

  2. Right to Fair Rent: The landlords cannot charge extra-ordinary rent from the tenants. The landlord has to evaluate the rent of the premises by evaluating the value of the property. In case the tenant feels like the landlord is charging an extraordinary amount, he can approach the Rent Controller Court to seek redressal. For the valuation of the property, it is calculated at 8%-10% of the valuation of the premises, including cost incurred on construction etc.

 

  1. Essential Services: Every tenant has a right to enjoy and receive basic services such as water supply, electricity etc. In any case these rights cannot be taken away by the tenant even if he fails to pay the rent for the same premise or for some other property.

 

Remedy with the Tenant :

The tenants can avail the following remedies:

 

  1. The tenant should approach the Rent Controller court producing his/her conditions.

  2. On the summons being served to the tenant, he/she can produce the evidence for support.

  3. In those cases, where the tenant can prove that there was a power to sublet given in the agreement itself, then the tenant can save himself from eviction. 

  4. The tenant can also file a suit for injunction in those circumstances where he cannot immediately vacate the house i.e. medical emergency or staying with old parents. Such remedy can be used when the landlord wants to get the premises vacated without giving prior legal notice to the tenant.

  5. In cases where the landlord has filed suit for the reason that the rent is unpaid till date, the tenant can ask for the account details of the landlord and submit the rent, for which the acknowledgement receipt will be shared by the landlord.

 

Conclusion:

The issue of illegally evicting the tenants from the premises of the landlords have always been of great concern. More generally, the landlord used their power to illegally evict the tenants from the property. Although the ever changing and dynamic laws have started giving specific protection to the tenants from instances like illegal eviction, or unnecessary harassment by the landlords through cutting down their necessities like water and electricity etc. The law has given specific and limited grounds on which the landlord can evict his tenant and therefore only if the judge will pass an order with respect to the genuity of the grounds mentioned for the eviction, is only then the tenant has to vacate the premises. However, it is always recommended that the tenant must pay his rent on time and if still you think there is barging in on your rights by the landlord, you can approach the jurisdictional Rent Controller. 

 

References:

  1. https://www.thehindu.com/business/Economy/what-are-the-rights-of-a-tenant-under-the-law/article17758497.ece

  2. https://www.nobroker.in/blog/delhi-rent-control-act/

  3. https://timesofindia.indiatimes.com/business/india-business/a-tenant-can-defend-eviction-by-landlord/articleshow/64584652.cms

  4. http://www.legalservicesindia.com/article/2103/Protection-of-Tenants-Against-Eviction.html

  5. https://cleartax.in/s/rent-control-act#:~:text=Right%20Against%20Unfair%20Eviction%3A%20Under,court%20order%20for%20the%20same.

 


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ABOUT THE AUTHOR


Kanchan Khatana

"Kanchan Khatana and Associates is one of India’s leading Law firm with its Head Office in Gurgaon, Haryana, India with network offices across India. We are an ISO 9001:2015 certified organization.Kanchan Khatana and Associates is known for its in depth research skills and strategic advice, coupled with prompt and effective turnaround. Our aim is to provide pragmatic, solution-oriented and technically feasible advice to our clients. We focus on providing practical and innovative solutions. "

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