Eviction Notice Remove Cross For Free

Sometimes, the tenant refuses to vacate the rented property even after getting the eviction notice of the court. In that case, you can take the help of a rental property lawyer and file an eviction suit against the tenant in a civil court under whose jurisdiction your property is located.

Evicting a tenant is only possible when the lease ends or when the landlord cancels the lease by providing a formal notice under Section 106 of the Transfer of Property Act, 1882, and if the tenant still refuses to vacate, the landlord will have to file a lawsuit and get an order from the court.

As per the laws, the landlord cannot evict the tenant for five years if all the rent is paid on time. However, the landlord can ask for eviction if he needs the property for personal use. However, the ground for eviction should be valid in the eyes of the law.

Service of legal notice is mandatory for seeking eviction. Even if the situation turns bad with the tenants, police cannot help in taking possession of the property. Only the Court of Rent Controller under whose jurisdiction the property is located has the power to order for Eviction of a tenant.

It's well established that laws governing tenancy in India tend to favour the tenant. For example, the Supreme Court recently ruled that a tenant may not be evicted by his landlord for five years (regardless of the length of the agreement) if the rent is paid on time?unless the landlord needs to use the space himself.

Law enforcement should never help a landlord evict a tenant by force or threats. Only the Sheriff or Marshal, or their deputies, may evict a tenant, and only with a court order.

If you win an eviction hearing, the court will pass a judgment in your favor. This judgment allows you to get a writ of possession.Even with this winning judgment, there are cases where tenants may still refuse to leave the property. As if the hearing never happened, they continue to live in your house.

How to oppose your evictionGet a lawyer and tell them you want to oppose your eviction.Your lawyer will draw up legal papers and file them at court.They will submit a Notice of Intention to Oppose.This means you are officially opposing your eviction.

Secondly, if the landowner is forcing the tenant to leave or depart the premises without presenting appropriate notice, in accordance to the mutually accorded rent contract, then, the tenant can file the injunction suit at the court of apt jurisdiction.

Under our current laws in NSW, a landlord can evict a tenant without grounds with just 30 days' notice at the end of their fixed-term lease, or with just 90 days' notice during an on-going lease. Rental laws in many other countries don't allow 'no grounds' evictions. Why do things need to change?