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    Sunday, 10 January 2016

    Grounds for Eviction of Tenant

    1. Introduction
    Punjab rented premises act, 2009 provides situations when Landlord may seek eviction of the tenant. The right of ejectment is a statutory right available to Landlord against the tenant. Punjab Premises Act, 2009 protects the rights of tenant and landlord.

    2. Definition of Tenant
    U / S-2 (i) Tenant means a person who undertakes or is bound to pay rent as consideration for the occupation of premises by him or by any other person on his behalf and includes.

    i. A person who continues to be in occupation of the premises after the termination of his tenancy for the purpose of a proceeding under this Act.
    ii. Legal heirs of a tenant in the event of death of the tenant who continue to be in occupation of the premises.
    iii. A sub-tenant who is in possession of the premises or part thereof with the written consent of landlord.

    3. Relevant Provision
    Section 15 Punjab Rented Premises act 2009

    4. Grounds for Eviction

    Following are the grounds of eviction or tenant u / s 15

    i. Expiration of Period
    A Landlord may seek eviction of tenant if the period of tenancy has expired.

    Conditions
    a. Tenancy agreement
    b. Expiration of the period

    ii. Failure to pay Rent
    If tenant has failed to pay or tender the rent within period of 30 days after the expiry of the period stipulated in sect 7.

    Conditions
    a. Failure to pay rent
    b. By the tenant
    c. Within the period of 30 days
    d. After the expiry of period mentioned in Section 7.

    iii. Breach of Tenancy Agreement
    A Landlord may seek eviction of the tenant if the tenant has committed breach of a terms or conditions of tenancy agreement.

    Conditions
    a. Tenancy agreement
    b. Breach of a term or condition
    c. By the tenant

    iv. Violation of an obligation by tenant
    A Landlord may seek eviction of the tenant if the tenant has committed a violation of an obligation under section 13

    Conditions
    a. Violation of an obligation u /s 13
    b. Tenancy agreement
    c. By the tenant

    v. Misuse of Property
    A landlord may seek eviction of the tenant if the tenant has used the premises for a purpose which is different from the purpose for which it has been let-out.

    Conditions
    a. Uses the premises for a purpose which is different from the purpose for which it has been let-out.
    b. Tenancy agreement
    c. Misuse by the tenant

    6. Sub-Letting
    A Landlord may seek eviction of the tenant if the tenant has sub-let the premises without the prior written consent of the Landlord.

    Conditions
    a. Sub-letting
    b. By tenant
    c. without written consent of Landlord

    7. Eviction on personal need
    Tenant cannot be evicted on the ground of personal need by the Landlord.
    8. Conclusion

    To conclude it, can be said the ejectment is an action to restore the possession of property to the person entitled for it under section 15 Punjab rented premises Act provide the grounds for eviction of tenant.
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