In the course of this article, we will go through how important is to understand the intricacies of a valid eviction notice provided by the landlord to the tenant, along with keeping the light on the significance of this topic in today’s situation and how it has turned out be detrimental for the tenants when COVID-19 is accorded the status of a pandemic.
We will also understand the provisions of legal standards in compliance with this. So in order to ensure the maximum legal awareness in the society.
Introduction
Under the Uniform Residential Landlord-Tenant Act (URLTA), 1872, the landlords are provided with plenty of legal remedies. This gives the right to the landlord to further the tenant for vacating his place. The right to proceed towards providing him the eviction notice. The legal remedies with the landlords, are inclusive of eviction, forfeiture, monetary damages, etc.,
Let us deal with this by conducting a questionnaire, along with the minutest question, that could spring one’s mind.
What do you understand by Eviction?
Eviction is the process by which the landlords can evict the tenants from his property. The process begins with the landlord giving notice to the tenant to settle the rancour or otherwise vacate his property.
If the terms are not settled,court-proceedings on the eviction can start where both the parties put up their issues. At the end of the proceedings, if the landlord wins; the tenant has to evict the land and restore it back in the hands of the owner.
However, due diligence has to be given to essentials when drafting an eviction notice. Because one single error in the essentials could turn the tables for the landlord.
Essentials Elements for a Valid Eviction Notice
The Notice:
The notice should be in writing and signed by or on behalf of the landlord or the person giving it.
Valid And Justified Reason:
The landlord cannot issue the notice of eviction on his whims and fancies. But only if he has a valid and legal reason. The reason to ask the tenant to get out of the place must be a justifiable reason. It must not be derived from a mere demand for more possessions.
Few of the reason could be:
- Failure of the tenant to pay rent.
- If the tenant is causing any kind of damage to the property.
- Safety guidelines are required to be followed by the tenant. As not to cause any health hazard to the landlord or his family.
- Getting along against the mentioned terms of the agreement can actually be a valid reason for providing the eviction notice.
- The use of some sort of illegal means can lead to the tenant’s eviction.
- The urgency of property used by the landlord.
More than one Co-owner:
The court upheld the validity of the co-owner acting as the sole owner and providing the eviction notice. As the sole owner could have, in the case of Sri Ram Pasricha v. Jagannath, 1976, SCC 184. Hence, now the co-owner will be treated as the sole owner in his individual capacity. Also can proceed further to provide the tenant with the eviction notice, as the sole owner is.
Concurrent decisions of Joint Lessors:
If there are many lessors who own the property, the notice must be issued by all of them. Hence a notice moved by anyone of the joint lessors will not be applicable. Though the signature of all the lessors must be present but a notice; with the signature of any one of the joint lessors will be valid.
Terms and Conditions of the Notice:
The landlord cannot go beyond the mentioned terms and conditions in the agreement. In order to eject the tenant out of the property, the landlord cannot use any unfair or forceful means; the use of which could land him in trouble in the court of law.
It is in the right of tenants to be given sufficient time to evacuate the property, which must be in accordance with the terms state out in the agreement. The time given by the landlord to the tenant could vary from one to three months depending on different factors. It might get extend in the rarest instances up to six months.
Communication of Notice:
The standards for communicating the eviction notice to the tenant has to be as per the Indian Contract Act, 1872. The mode of communication could be direct, via servant, via post.
If there is more than one tenant, the communication of the eviction notice has to be deliver to all of them.
Accept or Reject:
The communication of acceptance or rejection of the eviction notice is of utmost importance, as it will decide upon the further actions. The eviction notice, if accepted, will result in the vacation of the property by the tenant.
If rejected, there might be no response forwarded by the tenant. which will be presumed as the unwillingness on the part of the tenant to accept the eviction notice provided by the landlord.
Detriment part of the eviction notice in this pandemic situation:
The transmission of viruses with flu-like symptoms has proved to be a major strain on the customary landlord-tenant relationship. In the absence of any legally enforceable guidelines regarding abstaining from paying the rents from the Central and state governments, it is further distressing on the part of both parties without any respite.
With the grappling fear of the invocation of the doctrine of “force majeure” and “frustration”, it is stressing on the lack of clarity as a failure on the part of government and bringing to the fore with a number of questions in our minds. Collaboration and shared objectives on both the parties, to perform the contractual obligations are advisable to be facilitated, until normalcy returns.
Conclusion
To the tenants, who do not comply with the terms and conditions of the landowner of the property; it becomes, somehow, imperative on the part of the landlord to issue the eviction notice in order not to indulge in the untimely and unwanted instances.
This eviction notice adds up as of evidentiary value to the court of proceedings, if fulfilled all the essentials of proving its validity.
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