Can A Landlord Evict You For Being Single Or Other Reasons?

Renting an apartment in today's socio-legal environment can be challenging. Many of my acquaintances forewarned me about just the risk I had to incur when I moved to Delhi by narrating to me stories of their housemates and landlords. And that got me thinking: we can't predict the personalities we'll encounter in this process!  How does the law safeguard tenant from problematic landlords? What rights and responsibilities do I possess as a tenant? Could I be evicted without appropriate notice? When I move into my new apartment, what amenities can I expect?

Under the law and as decided in numerous judgements, it is unlawful for a landlord to disconnect essential services such as electricity and water or restrict a tenant from using the common amenities for recovery of rent or for other reasons. If landlord indulges in such activities, the tenant may approach the Rental Control Court to restore essential services and take action against the landlord. (Veera Rai vs S.P. Sachdeva, AIR 1985 Delhi 300)

The Rent Control Act, 1948 was passed by the Indian government with the goal of controlling rent costs and securing tenants' rights against arbitrary eviction.

As far as eviction is concerned, the landlord would have to file a petition before the competent Rent Control Court to seek eviction of the tenant.

Under the Rent Control Act, landlords can evict tenants only under specific grounds, which include wilful default in rent payment, subletting without the prior consent, causing nuisance or when the landlord himself requires premises for personal occupation.

The most important requirement according to The Rent Control Act of 1948, is that you should have a proper rental agreement in place with tenant which defines details such as rent amount, the duration of the agreement, the security deposit, and the purpose of the stay. 

While tenants are protected from arbitrary eviction from their homes unless they fall under specified conditions given in the Rent Control Act where the landlord retains the right to evict a tenant if the tenant commits certain specified acts or even if the landlord wants it for personal use tenants cannot be evicted without notice. 

Most of the rent agreements are signed for 11 months so that they can avoid stamp duty and other charges. However, these rules may differ state to state and it would be good to check with the local authorities. According to the Registration Act, 1908, the registration of lease agreements is mandatory if the leasing period is more than 12 months. If an agreement is registered, stamp duty and registration fee need be paid for it. 

As mentioned above, every state has rental control laws in place to protect tenants. Each state has its own set of criteria for when a landlord can legally evict a tenant. However, tenancy law violations are widespread in areas where it is difficult to find a rental house quickly if a landlord orders a tenant to vacate the premises.

If your landlord is harassing you, the first thing you should do is to lodge a complaint with the police station that has jurisdiction over the area. 

Moreover, if the landlord refuses to accept the bank transfer or refuses to accept receipt of such a transaction, the tenant has the right to take a legal recourse against the landlord. Remember, if you really need to live in the house and can't afford to move out right away, you shouldn't accept eviction under duress. In the event that your landlord violates rental laws, you can always protect your rights and seek legal redress.

If the landlord harasses the tenant by threatening to evict the premises for no reason and refusing to receive rent, the tenant can first send the landlord a written notice asking for the name and address of a bank where the rent can be directly deposited to the landlord's credit.

You should be able to hold a landlord accountable and stay on the property if they employ illegal self-help tactics like changing the locks or throwing out your belongings.

There are also cases where the landlord gets tired of the tenant as he does not pay the rent or resorts to some unlawful or hazardous activities at the owner's place. In such circumstances, the owner may ask the tenant to leave his place and restore his property back to him.

The dispute can usually be settled peacefully but if not, the landlord has to opt for the eviction process to get rid of such a tenant. And to initiate this process it is imperative to issue a valid eviction notice, which if not complied with will further act as evidence in the court proceedings.

References:

https://www.businesstoday.in/personal-finance/real-estate/story/10-situations-when-you-can-say-no-to-your-landlord-68419-2016-10-22

https://www.indialegallive.com/is-that-legal-news/procedure-evict-tenant-expiry-lease-agreement/#:~:text=The%20rental%20laws%20in%20India,renovation%2C%20sale%2C%20demolition%20etc.

https://blog.ipleaders.in/how-to-evict-a-tenant-in-india/

https://www.legalserviceindia.com/legal/article-2232-necessary-elements-of-a-valid-eviction-notice-.html

https://cleartax.in/s/rent-control-act