Landlords and tenants have a very intricate legal relationship which turns sour from time to time. As the lease or rent agreement, governing the relationship is breached. The following issues can occur between the landlord and the tenants:
Disagreement over the lease agreement
Property maintenance
Eviction procedure
Breach of lease agreement
Non-payment of the rent
How to file a case for eviction?
In India, the landlord-tenant relationship is governed by the state or the Union Territories rent control acts. So, the process varies from place to place.
Step 1: Review Lease Agreement: Make sure that the lease agreement between you and the tenant is airtight. The first thing on the trial will be the agreement signed and the terms agreed by both parties.
Step 2: Notice to Vacate: Ask your lawyer to send an eviction notice to your tenant in your name. In the notice mention the just reason and time period within which the tenant has vacated the leased or rented property.
Step 3: Filing a Suit for Eviction: In case the tenant does not respond to the eviction notice, file a suit for eviction in the appropriate court. The court having territorial jurisdiction will have the right to try the case.
Step 4: Hearing and Evidence: After the institution of the suit, the parties will go for a hearing in the court on the set date. During the hearing, the grounds of eviction are required to be justified. The following can be the grounds for the eviction:
Nonpayment of the rent
Lapse of the rent agreement
Breach of lease
Property damage
Step 5: Judgment and Execution: If the case goes in the favour of the landlord, the court will set a final date of eviction for the tenant. In case the tenant fails to follow the order of the court, the landlord can apply to the court for assistance to enforce the order.
Step 6: Appeal: The tenant can appeal in the higher court for the stay on the order, or to dismiss the order.
What are the important caselaws in India on eviction?
In this case, the Supreme Court clarified the rights of landlords and tenants and emphasized the importance of adhering to the terms of the lease agreement. The court highlighted that landlords must follow legal procedures when seeking eviction and tenants must fulfil their obligations under the lease.
Jagdish Singh vs. Heeralal (2001):
This case is significant for establishing that a landlord can seek eviction if the tenant defaults on payment of rent, and it clarifies the conditions under which such eviction can be pursued.
Bhogilal Laherchand vs. Chamanlal Maganlal Thakkar (1965):
This case dealt with the circumstances under which a landlord can seek eviction on the grounds of personal necessity. It provided insights into the landlord's genuine need for the property and the principles governing such cases.
Satyawati vs. Ramesh Chand (2013):
The Supreme Court, in this case, discussed the rights of landlords to seek eviction for bona fide needs and the importance of proving the genuine requirement for personal use or the use of family members.
Santosh Hazari vs. Purushottam Tiwari (2001):
This case laid down principles regarding the importance of a fair and reasonable opportunity being provided to the tenant during eviction proceedings. It emphasized the principles of natural justice.
How to file for a case of non-payment of rent?
Step 1: Review Lease Agreement: Any lease agreement without the consideration amount will be void. So, make sure that the consideration term exists in your agreement and lays out the amount the tenant has to pay every month, the due date, and any late fees.
Step 2: Serve a Notice to Pay Rent: Ask your lawyer to send a notice describing the issue of non-payment of rent, and that the payment has to be done within a fixed time period, or the matter will be filed in the case.
Step 3: Wait for Response: Then, wait for your tenant to reply. In case he doesnot reply or pay. File for the case.
Step 4: File a Case in the Appropriate Court:Depending on the rent acts of your territory, file a case in the appropriate court.
Step 5: Hearing and Evidence: Attend the court hearing on the specified date. Present your case, providing evidence of the lease agreement, notice to pay rent, and any communication with the tenant regarding the non-payment. The court will evaluate the evidence and may issue a judgment in your favour.
Step 6: Recovery Order: If the court rules in your favour, it may issue a recovery order directing the tenant to pay the outstanding rent. The court may also order additional penalties or interest as per the lease agreement or applicable laws.
Step 7: Execution of the Order: If the tenant still does not comply with the court order, you may need to take further legal steps to execute the order. This could involve seizing the tenant's property to recover the owed rent.
What are the important Case laws on nonpayment of rent?
Dhansukhlal vs. Bai Jasoda (1968):
In this case, the Bombay High Court held that if a tenant fails to pay rent, it constitutes a valid ground for eviction under the relevant provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Saraswathi Amma vs. K. Unni (1994):
The Supreme Court, in this case, emphasized the importance of timely payment of rent by the tenant. It ruled that non-payment of rent is a serious violation of the lease agreement and can be a valid ground for eviction.
Bharathi vs. K. R. Sathyapalan (2006):
This Kerala High Court case dealt with a situation where the tenant defaulted on rent payments. The court held that consistent non-payment of rent is a ground for eviction, and the landlord has the right to seek possession of the property.
R. Viswanathan vs. Rukn-Ul-Mulk Syed Abdul Wajid (2013):
In this case, the Madras High Court held that the tenant's non-payment of rent is a valid ground for eviction. The court also emphasized that the landlord is entitled to seek eviction if the tenant does not fulfil their contractual obligation to pay rent.
Yudhishter Kumar vs. Chander Shekhar (2002):
The Delhi High Court, in this case, discussed the importance of timely payment of rent and held that persistent default in payment is a legitimate ground for eviction.
How to file a case for breach of lease?
Step 1:Review Lease Agreement: In this suit, the case will be built on the lease agreement. So, make sure that the agreement is fully-proofed.
Step 2:Document the Breach: Collect the bills, photographs of property damages, CCTV footage, and other records of breach of agreement.
Step 3:Serve a Legal Notice: Under sec 111 of TPA, ask your lawyer to serve a notice on your behalf to the tenant for the breach of the agreement.
Step 4:Wait for Response: Wait for the time given in the notice, for the tenant to respond to your allegations of breach of lease agreement. If you don’t receive any reply go for the institution of the civil case.
Step 5:File a Case in the Appropriate Court: Institute the case in the appropriate court as per the pecuniary and territorial jurisdiction. With the plaint attach all the documents and bills proving the breach of the agreement.
Step 6:Court Hearing and Evidence: A date will be set for the hearing, and both parties will be allowed to present their case.
Step 7:Judgment and Relief: In case the judgement is ruled out in your favour, the following things can happen:
The judge can ask the tenant to rectify the breach
pay damages
terminate the lease.
Step 8:Enforcement of Judgment: If and when the tenant does not comply with the court’s order, ask for the court’s assistance by applying to the court.
What are the important case laws on breach of lease agreement?
Oriental Building & Furnishing Co. Ltd. vs. Air India Ltd. (1974):
This case dealt with the breach of a lease agreement and highlighted the importance of adhering to the terms and conditions of the contract. The court emphasized the principle that parties to a lease agreement must fulfil their respective obligations as specified in the contract.
Krishan Kumar vs. State of Haryana (2000):
In this case, the Punjab and Haryana High Court discussed the consequences of breach of lease covenants. The court held that if a lessee fails to adhere to the terms of the lease agreement, it can lead to termination of the lease.
Anju Puri vs. Sunil Kumar Puri (2008):
The Delhi High Court, in this case, considered the breach of a lease agreement due to non-payment of rent. The court highlighted the importance of timely payment of rent as a fundamental obligation of the lessee.
Saroj Kumari vs. Sudha Devi (2009):
This case dealt with the breach of a residential lease agreement, specifically the failure to pay rent. The court emphasized that non-payment of rent is a substantial breach that entitles the landlord to seek eviction.
Marina Mazdoor Sabha vs. Essar Bulk Terminal Ltd. (2008):
While not specifically related to residential leases, this case is significant for its discussion on the concept of 'force majeure' and its application to lease agreements. It underscores the importance of understanding and applying force majeure clauses in lease contracts.
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