Categories: Business & Finance

What If Your Tenant Is Refusing To Vacant Your Apartment?

By admin
July 29, 2015

To evict your tenant and get back your flat possession can be quite unwieldy process in certain cases but can be quite simple if you have followed India rental control act wisely while giving your flat for rent in Patna. Imagine how a tenant stays in your flat and not ready to vacant after completing the rental agreement terms.

All the transaction done in Indian real estate industry is under the governance of certain laws which are enacted by our Central Government and respective State government. That is called rental law. Such law govern rental of residential as well as commercial property, it is necessary for implementing individual civil right of both the landlord and tenant to prevent any type of deceit.

The situation is like after completing the mentioned period of tenancy is coming to over and tenant is refusing to move out, then the following steps can be followed:

  • First understand why now to evict. If the period of the tenancy is over and owner his flat back to move into that flat
  • You can provide the tenant one registered acknowledgment as eviction notice. When the recipient receive that letter, they are liable to acknowledge by accepting it and you can keep this acknowledge as proof
  • After receiving acknowledgement also tenant is not moving out, then using that acknowledgment letter as well as rental agreement go for lawsuit.

Please not one point before moving to court, any kind of illegal measure you have taken before like entering the flat without permission, changing lock, cutting essential utility, taking any retaliatory action or trying to force etc can work against you in the law court. The situation can get worse if such behavior is seen from your side; even tenant can file a criminal case also against landlord.

Rules Allowing Eviction in Rental Agreement

If the following conditions are there, it is possible to give an eviction letter to the tenant based on rental agreements rules mentioned:

  1. If rent is not paid on time as per agreement, 15days more days are over.
  2. The premise is occupied by someone else other than the tenant, if such unknown person is staying for longer period without consent of you.
  3. Using the property without taking consent from the landlord as per purpose mentioned in rental agreement.
  4. Some important damage caused to the property. Landlord can always include a clause in rental agreement regarding if any change happen to the structure or interior of flat, fine will be charged and cut from deposit amount.
  5. If flat need to be occupied by the landlord for own use
  6. If any repair work need to be carried out on the structure of the building which is only possible after when property is vacant.
  7. Demolition of the building in some situation

Precautions can be Taken

Owner can take care of certain facts before lease out the property:

Detailed Screening of Tenant

Do proper check the details of potential tenant before you sign the agreement. Get some references of people who know them, you can have their number and take the details from them. Make sure to take permanent address because it can be useful for tracking out the tenant if escapes without paying the rent.


Rental agreement is the main and important document you must look at, in any situation it is the one that is going to help you out. Include all the clauses and terms and conditions in the agreement regarding rent, paying time, lease period and penalty for not vacating the flat after lease period.

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