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Steps to be followed at the time of eviction

By Brian, July 10, 2015

If you have property in any city of India including Mumbai and you are not staying in the same city or same vicinity where your property is located, then the best option of benefiting from that property is to give it for rent. There needs to be a lot of work done before you give it for rent. Finding the right tenant is a tedious process. If you are lucky and find a tenant without enduring the process of tenant hunting then that is a rare case. There are times when you have found the right tenant, and despite all the efforts taken by you to be a good landlord the relationship with the tenant becomes unpleasant. How much ever a good landlord you pose to be there will be one case in your life where you have to go ahead with the process of eviction. The reason for this might be irregular payment of rent, disturbance caused by the tenants to the neighbor or it can be even the damages caused by the tenants living in your property in Mumbai. To end the rental agreement abruptly there is a set of procedures that any owner needs to follow. Here are the some essential steps to be followed for the eviction of your Mumbai Property. You can even get more detailed information about this from any real estate Mumbai agents.

The Decision

The biggest trouble of buying a rental property and becoming a landlord is to face a situation when the tenants fail at paying rent on a regular basis. But for this reason alone one cannot evict the property, mentioned below are few scenarios under which the eviction can be charged.

  • The tenant staying even after the rental agreement being expired.

  • Secondly any sort of damage caused by the tenant which the owner must be able to present evidence for in court.

  • Not adhering to the rules mentioned in the rental agreements like extra guests, noise created etc.

Before proceeding and taking the matters to court, it is the obligation of a landlord to give a prior notice e to the tenant and warn them.

The Legal act of tenant and the Landlord

There comes a time when being a landlord you have decided to evict a property, and then it is any day worth to have sound knowledge of the landlord and the tenant act. This document helps you understand the process of eviction step by step. The document will be available at the office of the attorney general of your city.

Notice Period

In most of the states in India before going ahead with the process of eviction the landlord has to give written notice to the tenant regarding the problem they are facing. And give the tenant time to correct the problem. The landlord needs to include the warning, time frame to correct the problem and the date they are planning to file the eviction in the notice to be given to the tenant. The notice can be delivered through post or can be given directly.

Filing the eviction

Once the landlord has given the warning and the timeframe to correct the problems to the tenant, then after the date of warning expires the immediate next morning the landlord can go ahead with the process of eviction. The process can be initiated in the local court in your city by paying a small amount as fees. The clerk in the court after filing a few paperwork will give you a document with the hearing dates on the case. The tenant will be notified by the court through post.

The eviction

After the hearing in the court the tenant is given a certain amount of time to leave the property. If they fail to leave in the given time frame, help of police officials can be taken to evict the tenant.

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