How to Handling Tenancy disputes, eviction and rent defaults
Tenancy disputes make up a large share of civil work in urban areas which mostly include rent defaults, unlawful subletting, refusal to vacate, and deposit disputes. Whether you’re a landlord seeking eviction or a tenant defending rights, the law aims to balance interests.
Start with the agreement: a written tenancy agreement (registered if >1 year) is your strongest proof. Keep rent receipts, bank transfers, communication records and proof of service connections. However now days it is much better to have a Leave and License agreement which is more secure against Rent Agreement.
Remedies for Landlords against the tenants :
- Serve a legal notice demanding rent or vacation. The notice should set a deadline and indicate intended legal remedies.
- File a suit for ejectment and recovery of arrears under the Transfer of Property Act or Contract principles. For shorter disputes, notice + eviction suit is standard.
- Rent control statutes — check local rent laws (some older tenancies are protected under state rent acts); that affects the procedure and grounds for eviction.
- Summary eviction / application for urgent relief — in cases of serious breach (illegal activity), courts may expedite.
Tenant’s defences: proof of payment, deposit offsets, landlord’s failure to maintain premises (constructive eviction), and illegal eviction attempts. If landlord cuts utilities or locks out a tenant, file plaint for injunction and damages.
Practical tips: avoid self-help evictions (changing locks) — they are illegal and may attract criminal liability. Always document delivery of notices (speed post/registered) and preserve bank statements.
For quick resolution, mediation can sometimes secure arrears and peaceful vacation. For willful non-payment or long-term holdouts, court action is required.
Contact Advocate Anurag Bhati for Tenancy related disputes between Landlords and Tenants. For sending any kind of Legal Notice.