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Eviction Suit

According to Section 105 of the Transfer of Property Act, 1882, a rental tenancy is only a sort of lease in which the property is momentarily passed from the owner, known as the lessor, to the renter, known as the lessee. However, all of the regulations pertaining to renters and landlords are covered by the Rent Control Act of 1948, which was passed by the Government of India to regulate the eviction of tenants in India and to calibrate the rentals of real estate.

Eviction-Suit

The most crucial condition, however, is that you should have a valid rental agreement in place with your tenant. This agreement should include specifics like the rent amount, the period of the agreement, the security deposit, and the purpose of the rental.

While the Rent Control Act protects tenants from being arbitrarily evicted from their homes except for specific reasons and circumstances, the landlord nonetheless has the ability to do so if the tenant engages in certain specific behaviors or if the landlord needs the residence for his personal use.

The rent agreement, which establishes the relationship between a landlord and a renter and contains the terms and conditions of the contract, is the most important document. There should be a language in the contract that allows for eviction in the event of a dispute.

Only when the lease expires or when the landlord terminates the lease by giving a written notice in accordance with Section 106 of the Transfer of Property Act, 1882, is it permissible to evict a tenant; otherwise, the landlord must file a lawsuit and obtain a court order.

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