Delhi: Right To Evict A Tenant

While we talk a lot about the rights of a tenant and how to safeguard
them, there is other side of the transaction, too. A landlord. Under

the rental laws in India, there are rights that safeguard the interests
of a landlord, too.
The Rent Control Act is one important act passed by the
Government of India in 1948, post which several states like Delhi,
Maharashtra and Karnataka have undertaken modifications to the
same. The act, however, seen as pro-tenant, also, talks about the
protection of rights of landlords. Recently, various ammendments
have taken place pertaining to new laws favouring landlords.
Whether a first-time landlord or a seasoned renter, here's what you
should know about the basic rights of landlords:
Right to evict a tenant
With the Rent Control Act applicable only to a tenancy of over 12
months, things seemed tougher for landlords to evict tenants living
in the property for years. The Draft Model Tenancy Act 2015, which
has been in the news recently, aims to make things easier for
landlords as well as tenants by addressing untimely eviction,
repossession issues as well as mutually fixing and revising the rent.
Laws now allow landlords the right to evict a tenant on the grounds
of breach of rental agreement; subletting rented premises or a part
of it without landlord's permission; default in payment of rent for
specified period; misuse of the property; or conducting illegal
activities in the rented premises. The landlord also has a right to
evict a tenant if he or she requires the building for his or her own
occupation.
Whether you are a landlord looking to find the perfect tenant, or a

tenant looking for reasonable accommodations and a pleasant
landlord, there are several things to consider. Both parties need to
know the basics of renting out a place, how to collect or pay security
deposits, the basics of fair housing laws, and more. From a
landlord's perspective, you may need help working out tax
deductions or determining how to evict a non-paying tenant.
Tenants, on the other hand, may need help understanding their
rights to tenant safety, the return of security deposits, and whether
they can sublet. This section provides information and resources for
both parties involved in the landlord-tenant relationship.
In order to rent a property, a rental agreement is signed by the parties

outlining the terms of the agreement. It thus becomes a legally binding
contract between both the parties; landlord and the tenant, to abide by the
contract and the follow the rights and responsibilities of them. The rent
agreement must include the cost of the rent, amount of security deposit,
date of depositing the rent, and other conditions of using the premises. In
case of violation of the agreement, the aggrieved party shall apply for relief
in civil court.
Rent Agreement laws in India are the state laws enact to govern the rental
agreements in various aspects. These fall under the ambit of Rent Control
Act. Each state has its own Rent Control Act. For instance, Rent Control
Act (1999) Maharashtra, Rent Control Act (1958) Delhi, Tamil Nadu
Buildings (Lease and Rent Control) Act (1960) Chennai govern the state's
rent agreements. This means these are also referred to settle disputes
between the landlords and the tenants in their respective states.
Rental laws in India provides tenants with the security and also landlords
their ability to evict tenants. In general, the main features of rental laws
existing in India are:
 Various laws are imposed while one is planning to rent out a property for
both commercial and residential use. Laws are imposed irrespective of the
size of the property being rented to help potential tenants identify and
secure good rental accommodation.
 These laws govern the rental rates such that fair rents are being imposed
within the standardized rental ranges that may vary from state to state. A
landlord cannot charge its tenants beyond these rates.
 These laws are also made with the intention to protect the tenants from
unfair eviction by their landlords due to any kind of discrimination.
 Laws also define landlordâ€™s responsibilities and obligations towards its

tenants. This includes the terms and conditions for maintenance of the
property.
 On the other hand, it also defines the rights of the landlords, that he may
use in case a tenant does not fulfill their obligations for paying rent on
time or misuse of property in any manner. This also means the landlord
can object to the use of his property d=for reasons not specified in the
agreement.
However, Rent Control Act cannot be applied to premises that have been
let out to banks, public sector undertakings or any corporation established
by or under any state or central act, foreign missions, multinational
companies, and international agencies. For premises let out to private
limited and public limited companies having a paid-up share capital of one
crore rupees or more do not come under the ambit of Rent Control Acts.
In the monthly rent payable exceeds 3500 rupees, the rental agreement is
subject to the Transfer of Property Act (TPA). It assigns the landlord with
responsibilities including regarding disclosure of information regarding
material defects in the property. The rental agreement regulations in India
on landlord and tenants are archaic. The national government is
encouraging local bodies to relax these laws in order to encourage
investments in construction and housing.
A Rental Agreement document must

include:
 The amount of rent decided by the parties and mode of payment; cash,
cheque or demand draft is usually used. Also, the document must include
the duration for which the rent has to be paid. Paying guest, serviced
apartments and other short-term accommodation require payment on the
daily or weekly basis. While long terms payments are paid monthly.
 Essential utilities and their connections such as; gas, electricity, phone,
television, internet, and water must be included in the rental agreement.
Also, include if the rates for the same are included in the rent or paid
separately.
 Sometimes a landlord may choose to add lifestyle restrictions. This is very

common in South India where most rental accommodations restrict its
tenants from the preparation of non-vegetarian food in the premises.
Other restrictions, such asâ€™ marital status, gender are also considered.
Rent agreement format must include some

significant aspects:
 The consistency of license fee to be paid in the entire period
 Clarity of costs associated, such as; municipal taxes, society fees, and other
charges.
 Return of deposits when the lease is terminated.
 Clauses defining what happens in case the expectation is not met.
In order to prepare a rent agreement, all the clauses must be studied

deeply. In order to make a valid and a strong rent agreement, one can even
refer to the sample lease agreements that are available online. As step by
step instruction help to form an agreement protecting the interest of both
the parties. The agreement so developed will prevent misunderstandings or
disagreements in future. The landlord must provide a copy of rent
agreement to each tenant who signs it. The tenant may even request a free
replacement copy from the landlord.
Once the rental agreement is ready one can proceed with the registration of
the same. The government has initiated the hassle-free e-registration
process. Extremely convenient and easy Online rental agreement can be
created and registered through government-approved doorstep service
providers. Also, it is possible to make and register rental agreements online
in few states of India, such as; Delhi and Mumbai. One may use a biometric
finger scanner and register without going to the sub-registrar's office.
However, required documents for rent agreement are pre-requisite for the
same. One requires the Aadhar and Pan Card Number of the landlord,
tenant, and two witnesses. When the agreement is registered, stamp duty
and registration fees have to be paid that may vary from state to state.

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While we talk a lot about the rights of a tenant and how to safeguard

them, there is other side of the transaction, too. A landlord. Under

Whether you are a landlord looking to find the perfect tenant, or a

In order to rent a property, a rental agreement is signed by the parties

 Laws also define landlordâ€™s responsibilities and obligations towards its

A Rental Agreement document must

 Sometimes a landlord may choose to add lifestyle restrictions. This is very

Rent agreement format must include some

 Return of deposits when the lease is terminated.

 Clauses defining what happens in case the expectation is not met.

In order to prepare a rent agreement, all the clauses must be studied

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