According to Census 2011, a total of 27.37 million rented households are available in India, among these 79.4% or 21.72 million are situated in the metropolitan areas and this is because of the preposterous prices of the properties in the urban areas. While it can be cleared stated that staying in a rented property in West Bengal and Kolkata saves money and sounds reasonable in many aspects, living as a tenant can be a matter of discomfort because they have to live in a fear of unwarranted eviction notice, rental hikes or other issues with the landlord. However, to protect the tenants from living in fear of such problems, the Indian judiciary system has multiple provisions.Each State has its own Rent Control Acts which protectthe interests of a tenant against unjustified eviction from a property. In this article, we are going to discuss how Indian laws can protect the interests of the tenants in West Bengal and Kolkata.
Legal Position on Unreasonable Eviction:
If the eviction notice is found to be unjustifiable according to the concerned State laws and Acts, the tenant has every right to save himself from such eviction. Like West Bengal, every other State in India has their own rules and regulations for tenant protection and these laws clearly mention the grounds on which a tenant can be legally evicted. Any reasons beyond the enlisted grounds for eviction are considered to be unjustified and a tenant can seek legal help to protect himself from such unreasonable acts of the landlord.
In West Bengal and Kolkata, there are State and zonal laws that controlthe rent and lease agreements, meticulously drafted, agreed and duly signed by both landlord and tenant, such as the West Bengal Premises Tenancy Act. These State defined Acts also enable the tenant to fight for theirprivilege againstunfair eviction. But these matters in the court take longer settlement time than usual and can go on for several years, so it is important to consult an experience property lawyer in West Bengal and Kolkata for such issues.
Acts for Tenant’s Protection:
Each State of India has its own Rent Control Act that deal with the rental agreements which are usually valid for a time period of 11 months in case of license or more in terms of lease. For example, West Bengal Premises Tenancy Act; Delhi Rent Act; Punjab Rent Act, Tamil Nadu Rent Control Act, Karnataka Rent Control Act etal, ensure legal provisions to fix a standard rent, possession controlling decrees, protecting tenants against unlawful eviction and so on.
All the State defined Rent Control Laws clearly mention reasons based on which a landlord can send an eviction notice. According to the Apex Court, a tenant can not be evicted from a property for a minimum period of 5 years if he has timely paid the rent based on the signed rental agreement. The landlord can only evict a tenant if the rented premises is genuinely needed for personal use. The landlord must not misuse the law to evict the tenants on invalid grounds.
For instance, the West Bengal Premises Tenancy Act, 1997 through its Section 6 and Section 7 protects the tenants residing in West Bengal and Kolkata against unlawful eviction by the landlord.
The below-listed remedies are available for the tenants to protect themselves against unjustified eviction by the landlord.
- The first and most important legislative power available for the tenant is the protection against unwarranted eviction. The tenant can refer to the provisions mentioned in the State Rent Control Act and if the eviction notice mentions any reasons which are not enlisted, then the tenant can take legal help to stop the eviction.
- If the landlord does not give a legal notice for eviction or try to evict the tenant forcefully, the tenant can seek legal help.
- If the landlord sends an eviction notice on false grounds, then according to the Rent Control Act,
- Seek help from the State appointed Rent Controller and give your justifications for challenging the notice given by the landlord.
- When the court will summon, the tenant needs to put forth his case with adequate supporting pieces of evidence.
- Evidence can be rent receipts, rent sent to the landlord by money order, and also any notices sent to the landlord by the tenant showing intention to continue paying rent as a monthly tenant.
- In case the landlord disconnects essential supplies like water and electricity to evict the tenant, then the tenant can approach the court seeking help to restore the basic amenities.
If you are living as a tenant in India, do know your rights before responding to any eviction notice. Also at the time of signing the rental agreement, seek assistance of an experienced property lawyer. In case you are a tenantliving in Kolkata, West Bengal and you need legal help to exercise your rights against an eviction notice or you want to know more about your rights as a tenant, contact hereor email firstname.lastname@example.org your queries.