Often when a tenant has welshed on a deal, he/she can be forcefully evicted from the property by the landlord. But what if the tenant, for no fault of his, has been asked to vacate the property within a stipulated period of time even though the period of tenancy is still not over. Sometimes a landlord could additionally default on his/her contractual obligations stated in rental agreement.
One of the most important rights offered to tenants is the right to protection from an eviction without just cause. The rent control act specifies some grounds under which alone a tenant can be asked to vacate the premises. As a tenant, you can plead protection if the landlord attempts to evict you from the premises for any reasons apart from the those stated under this act.
f a landlord attempts to force you out of the property in which you reside, then you have the right to approach civil court and seek an injunction from the court. However, very often landlords can be quite clever when trying to evict tenants. For example, a landlord has the right to evict a tenant if the tenant does not pay rent for at least one month. Landlords could attempt to evade rental fee by creating ruses and then charge the tenant for non payment of rental fee
Lease and Rent Control act dictates that a tenant take the following steps in case the property owner fails to accept monthly rent.
1) If the landlord refuses to accept rent, the tenant must issue a notice to the landlord asking him to provide a bank account number where the rental fee can be credited. The notice period for provision of this information should be less than 10 days. This notice must clearly state the option being exercised by the tenant and that the tenant is unable to contact the landlord for payment of rent. This letter must be sent to the landlord through a registered post with acknowledgment due.
If the landlord provide the bank account number, then you should deposit the rent in the said bank account. However, if the landlord does not respond to the notice, then you should proceed to the second step.
2) Next, the tenant must send the rental amount to the landlord through money order. As a tenant you should also retain the money order receipt/coupon as evidence in case of further problems. If the landlord accepts the money order, then future payments of rental receipts can be made through money orders. However, do note that the money order commission can be deducted from rental amount according to law.
However, if the property owner refuses to accept or acknowledge the receipt of money order, then you must follow the third step.
3) The tenant must file a case in the civil court and obtain court's approval for submitting further rents into the court.
However, do note that you should follow all these steps perfectly without any delays between any of the above mentioned steps. Any deviation could lead to problems for you in case the landlord files a case for eviction on grounds of non-payment of rent.
Another way by which landlords evict tenants is by cutting off the electricity and water supplies within the premises. This often puts the tenant in a highly unenviable position. In such cases, you can approach the civil court with an appeal to restore the cancelled amenities. The landlord will have to comply with the court order.
These are some ways in which a tenant can evade unreasonable eviction from a rented property.
File Injunction suit and obtain stay from civil court to prevent the landlord illegal eviction.
File Injunction suit and obtain stay from civil court to prevent the landlord illegal eviction.
For Details :- Mrs.Bobby Portia Alex ( Advocate & Legal Consultant for Land Problems)
Helpline @ 9551716256
Daniel & Daniel 24*7 Helpline:- 9962999008
Daniel & Daniel 24*7 Helpline:- 9962999008
