How to protect yourself from illegal eviction from a rented flat?

A large section of Indians lives in rented homes. Especially, in metro cities and tier 2 cities like Jaipur, the numbers of tenants are multiple times as compared to the number of landlords. The skyrocketing prices of flats are making it difficult for many families to buy a house. Well, there are many benefits to renting a flat as compared with buying a property. But most tenants in India live under the constant threat of being evicted from the house.

 Well, there is no need to worry about that as far as you are not leaving any legal reason for eviction. In India, every tenant is protected under the law.

Remember, your landlord cannot send you an eviction order on any ground, except for non-payment of rent, rent agreement violation, damage to the property, and enrollment of the tenant in any illegal activity. However, in case the landlord intends to evict you for any other reason, it will amount to unwarranted eviction. Therefore, you can seek the help of law to prevent this eviction. Read here to know your rights in this regard.

 What to do when the landlord misuses a law?

  • Sometimes, the landlord can misuse the law against the non-payment of rent to evict you. In that case, you can save yourself when served with a notice pointing out rent non-payment.
  • In this case, you can request the landlord to send his bank account details so that you can pay the due rent in the account.
  • Chances are that your landlord will not provide you with the bank details. In that case, you should send a money order to the landlord. 
  • But if he/she doesn't accept the money order, then you need not wait anymore to approach the court and file a petition. In the court, you have to provide the reasons supporting the requisite evidence.

How to file suit for an injunction?

 Even if the landlord has a valid reason for evicting you, he/she cannot expect you to leave the house all of a sudden. Legally, he/she is liable to provide you with a notice period. Also, under many circumstances, the tenant is not liable to vacate the property at the request of the landlord.

 For example, if anybody in the family is medically unfit, then you can file a suit for an injunction in the civil court to legally impede the landlord from evicting the tenant.

 Conclusion- Being a tenant, you are not supposed to follow an eviction notice based on an invalid ground. While the Rent Control Act may vary from one state to another, the basic rights mentioned above remain the same. So, you can approach the court to protect yourself from an illegal eviction by the landlord.

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