How to evict your tenant in Delhi?

Overview: Many times landlords after letting out their premises to tenants need the premises for their own use, however, despite many pleadings with the tenants, they refuse to vacate the same.

Purpose: The purpose of this article is to provide an overview on eviction of tenants when the landlord requires the premises for his/ her own use and need the premise soon after eviction. The article applies to places and areas that are covered under the Delhi rent control act or whose monthly rent is below Rs. 3500.

Areas of Application of Law: Delhi Rent Control Act 1958

Process:

The first step is to understand the need i.e. why does the landlord need the premises. Thereafter, the landlord needs to contact a lawyer and visit her. The need of the landlord has to be explained to the lawyer and she has to be told about the monthly Rent. It is irrelevant that the eviction is being sought of the residential or of a commercial area/ premise.

 

Thereafter, as per the advice of the lawyer, all relevant documents have to be gathered so as to make a full and complete disclosure of the need of the landlord. This is important as the eviction case would be fled for the landlord under the head of bonafide need. Further, the landlord must share all details of any alternate accommodation that is under his name at any other place. This is also relevant for the purpose of pleading the case of the landlord. Full disclosure about the family members and any dependents upon the landlord to be made to the lawyer.

 

After getting the relevant information, the lawyers will accordingly advice the landlord and draft his case for evicting the tenant. The case of the landlord under bonafide need will be filed in accordance with the relevant provisions of the Delhi rent control act. All documents will be filed along with it.

 

The case is to be filed in the court of the rent controller in the respective civil court having the jurisdiction over the area in which the premise is situated.


Once the case is filed, the ld. Judge will issue a notice to the tenant who under the given time period will file his reply in the form of a leave to defend. Subsequently, a reply to this leave to defend has to be filed by the landlord. In case, the court is of the view that there I not much to be disputed about the need of the landlord and that this need seems to be genuine, the court shall refuse the leave to defend of the tenant and pass an order of eviction. However, if the court I of the view(after hearing the arguments) that there seems to be a substantial defence available to the tenant or that the need of the landlord is not genuine or that there is a triable issue made out then the court shall grant the leave to defend to the tenant and full trial will take place prior to eviction decision.


Please note that the need has to be carefully drafted so as to avoid any issue of triable nature.

 

Documents required to be submitted in the court if any: Rent receipts, agreement, any other document to support your need as advised by your lawyer.

 

Punishment/Expected Relief: eviction of the tenant.

Legal Process Outsourcing This Document

User Comments

Manish kumar   23 Jan 2022 11:09am
Dear Sir, my father got an ancestral property in delhi which is occupied by tenants. Neither they are paying rent nor their rent is above 3500. My father has already reside in another property in delhi at his own name. No agreement signed with tenants. Kindly suggest how can we evacuate tenants.
Reply
Manish kumar   23 Jan 2022 11:09am
Dear Sir, my father got an ancestral property in delhi which is occupied by tenants. Neither they are paying rent nor their rent is above 3500. My father has already reside in another property in delhi at his own name. No agreement signed with tenants. Kindly suggest how can we evacuate tenants.
Reply
Kush   8 Jan 2022 8:00pm
Can u email eviction notice for flat in gurugram ,tanent in flat over 3 year, no inreement rent ,pat in ,ask to check flat in proper clean ,maintained.
Reply
Deepak sharma   29 May 2021 1:18pm
I need to connect you
Reply
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