How to evict a tenant in Mumbai
So you have given your Mumbai property on rent and are looking to evict your tenant. But you don’t know the best way to tell him/ her. Or you have already told your tenant, but he/she is refusing to leave. Or your tenant is just procrastinating and showing no signs of leaving. Evicting a tenant is tricky and a matter of great concern and stress to some. If you are facing any of these problems or more, take a breather. This guide will help you to take this load off your shoulders and guide to towards evicting your tenant the right way. So let’s begin. Real estate Mumbai brokers will help you find a new tenant for your flat in Mumbai.
Reason for Eviction
Before deciding to evict your tenant, make sure your reason is a valid one. Also determine the kind of problem you are facing. Is the tenant the problem or do you want to evict the tenant for other reasons?
Tenant Problem- If your tenant is causing damage to your property, not paying rent on time, causing noise and havoc in the society, disrupting peace, doing illegal activity, not abiding by society’s rules or breaking any clauses from your agreement then your tenant is at fault.
Other problems- There can be other reasons why you want to evict the tenant. For example- you want to renovate your house, you want to move into your own house, you want to sell the house, you have decided you no longer want to rent out your apartment to anyone and so on.
Make sure you have a valid reason. Disliking a tenant or his lifestyle, just because it’s different from yours, is not a valid reason to evict a tenant.
Evicting the Tenant
- Communication– Civility demands, that you first communicate with the tenant and explain to him why he needs to vacate. If he is breaking the rules, make sure he knows. If your want to evict the tenant for reasons where he is not at fault, then too let him know. If you have someone working for you, who deals with the rent collection and tenant problems, make sure he communicates this to the tenant on your behalf.
- Eviction notice- Since it is a civil matter; you cannot go to the police. Police can only intervene if your tenant is carrying out any illegal activity in your apartment. In all other scenarios, you have to send an eviction notice to your tenant. Once the tenant receives the eviction notice and acknowledges it, this can be used as a proof by you in the court of law.
- Lawsuit- If the tenant refuses to vacate your house, even after receiving the eviction notice, use your rental agreement and acknowledgment letter and file a lawsuit against him. You will have to fight this case in a civil court. These proceedings sometimes take a lot of time. The case can be wrapped up within a couple of months or it can go for years, depending on the complexity and a lot of other factors.
- A higher court- If you are not satisfied by the judgment given in the civil court, you can then approach a higher court.
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These things take a lot of mental strength and patience. In a fit of rage please do not do anything illegal, like threatening the tenant, hitting him, abusing him, changing the lock of the house, cutting power supply or any other basic utility services and so on. This will weaken your case and there is the odd chance that you tenant will file a case against you. It is crucial to hire a good lawyer and explain to him all the details of your case.