How to evict your tenant?
Karnataka Rent Act 1999 provides various grounds, on which a tenant can be evicted from a premise by the Landlord. Every such eviction shall be in pursuance to an order from the competent Court. The Court can order the eviction of a tenant on the following grounds:
a) If a tenant has not paid the whole of the arrears of the rent, within two months from the date on which a notice of demand for payment has been served on him by the landlord.
b) If a tenant, without the consent in writing of the landlord, sublet, assign or otherwise part with the possession of the whole or any part of the premises.
c) If a tenant has used the premises for any purpose other than that for which they were let, with out the consent of the landlord.
d) If the tenant or any members of his family has not been in occupation thereof for a period of six months.
e) If the tenant has not been in occupation thereof without a reasonable cause for a period of two years.
f) If the premises have become unsafe for human habitation and are required by the landlord for carrying out repairs which cannot be done with out the premises being vacated.
g) If the premises are required by the landlord, for the purpose of immediate demolition, as ordered by the Government or any local authority.
h) If the premises or any part thereof are required by the landlord for carrying out any repairs which cannot be done without the premises being vacated.
The other grounds by which, a tenant can be ordered to be evicted from the rental premises, by a competent court are:
a) If the premise consists of not more than two floors, and the same are required by the landlord, for the purpose of immediate demolition, to rebuild the same.
b) If the tenant, his spouse or dependent living with him, has built or acquired a premise.
c) If the premises were let to the tenant for use as a resident during his employment under the landlord and the tenant has ceased to be in such employment under the landlord.
d) If the tenant has caused substantial damages or alteration to the premises which has the effect of changing its identity or diminishing its value.
e) If the tenant has been convicted with causing nuisance or annoyance to a person living in the neighborhood.
f) If the tenant has been convicted for using the premises for illegal or immoral purpose.
g) If the tenant has used the premises in a manner contrary to any condition imposed on the landlord by the government or the local authority while giving him a lease of the land on which the premises are situated.
The other grounds by which, a tenant can be ordered to be evicted from the rental premises, by a competent court are:
a) That the tenant in his reply having denied the ownership of landlord, has failed to prove it or that such denial was not made in a bonafide manner;
b) That the person in occupation of the premises has failed to prove that he is a bonafide tenant,
c) That the tenant after having agreed with or having informed the landlord in writing the date to vacate the premise does not do so on or after the date so agreed or informed;
d) That the premise let are required whether in the sane form or after reconstruction or rebuilding, by the landlord for occupation for himself or for any m4enmber of his family if he the owner thereof, or for any person for whose benefit the premises are held and that the landlord or such person for whose benefit the premises are held and that the landlord or such person has no other reasonably suitable accommodation;
e) Further when a Government servant or employ of local authority is provided with official quarters and if such servants own a premise in his work place and he is asked to vacate the quarters on that ground then he is entitled to immediate possession, of that premises, within 60 days from the date of eviction order.
The members of armed forces are also entitled for to recover immediate possession of the premises. The person who has served in the defence section and who has let out his house to the tenant is entitled to recover immediate possession.