Earning some extra bucks through passive income sources is quite the need of the hour with the inflation in the economy. The extra sources of income also ease out the stress of completely depending on your salary. If you are moving out of the town or just shifting to a new place without selling your old home? Why not put it up for rent? Every individual has to stay in a rented home, at least once in their life, proving the unending demand for rental homes. As good and profitable this renting procedure, it might be quite a tough thing to deal with in case one gets stuck up with a tough tenant not paying rent or otherwise.
To ease out your stress, the government has set up several laws. One of the most important is the Rent Control Act, 1948, implemented by all the state governments to tackle the rental issues. According to the act, the tenant and landlord sign a contract stating all the details of the rent, the time duration of the contract, landlord-tenant notice, and all the other necessary details.
However, if the tenant wants to discontinue their stay in the rented property, or the landlord wants the tenant to vacate the property, ending the contract is the viable option. The landlord can end the contract with further notice because of reasons like the tenant not paying rent among others. In the case of a tenant, they can terminate the contract after the mentioned period, as per the laws of the government. As per the rules, tenants are required to provide a notice to their landlord when intending to move out.
A landlord cannot ask the tenant to vacate the property at any point in time, hence, the landlord has to send a legal notice mandatorily to the tenant to vacate the property. Sending a tenant notice to vacate the property is done due to various reasons, including
Delay in the rent payment for over 15 days past the due date intentionally.
Subletting the property to another individual with no information to the landlord.
Using the rented property for illegal and unlawful purposes, standing against the agreement signed
Loss in the utility or value of the property because of the actions of the tenant leading to issuing a legal notice to the tenant to vacate
Objectionable actions were taken by the tenant against the landlord
The requirement for the property by the landlords for their self purposes
Construction or repair and renovation of the rented property.
Following all the mentioned circumstances, issuing a legal notice to the tenant to vacate the property takes place.
After knowing the valid reasons through which they can evict the tenant, the landlord must follow the right procedure. While giving notice on tenancy, the procedure includes:
Sending legal notice to the tenant to vacate: The landlord must get a proper legal notice from the court for eviction. In the tenancy notice to vacate, the landlord must mention all the details including the reason for eviction, date, and time by which they must vacate the property among others.
Filing the eviction suit: In many instances, tenants typically vacate the premises after receiving a notice to vacate But sometimes, the tenant might refuse to leave the property. In such cases, the landlord can file an eviction against the tenant.
Judgment and final notice: After the hearing in the court from both the tenant’s and landlord’s side, they give the final decision. Following this, it issues the final legal notice to the tenant to vacate the property.
However, without a proper legal rent agreement, it is not possible to evict the tenant and take any legal action against them.
Many times the landlord tries to evict the tenant due to some personal grudges, or silly reasons. As per the rules of the government, the landlord cannot evict the tenant for 5 years of the rent agreement until there is a valid and urgent reason. It is mandatory to issue a legal notice 90 days (at least 42 days) before the leaving date. Before the eviction, one must keep in mind the following things:
The landlord must do the drafting of the rent agreement with the help of a consulted lawyer.
They should draft the rent agreement for a particular period with the option of renewing it according to the will of the tenant or landlord.
Before the eviction, the basis on which the landlord takes the action has to be justified under the state laws.
The landlord cannot evict the tenant without giving a legal notice to the tenant to vacate and providing a notice period for tenants.
The majority of the eviction cases take place because of the tenant not paying the rent and even refusing to leave the property. The laws allow an extension of 15 days over the due date to the tenant for rent payment according to the rental agreement. If the tenant still does not pay the rent, the landlord can take further legal actions.
A legal notice to the tenant for not paying the rent is issued, along with the due details. If the tenant still does not make the payment, the landlord can take further legal actions according to the lease agreement.
When tenants need to move out, they can either provide a legal notice to the landlord or the landlord can issue a notice to vacate. The details to include in a legal tenant notice to vacate the house are as follows:
Date
Name of the landlord.
Address of the property and unit number.
Reason to move out of the apartment/ reason to evict the tenant.
Date of moving out/ date of vacating the house.
In the case of the tenant leaving, they also need to request a refund of the security address along with the provision of the forwarding address.
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