A tenant has certain rights which are protected by the law. He can approach the court and seek a legal remedy in case of illegal eviction by the landlord.
Almost all states have rental control laws pertaining to the protection of tenants. Each state has given certain grounds under which the landlord is legally allowed to evict the tenant. However, the violation of tenancy laws are commonplace in cities where it is not easy to find a rental home immediately if the landlord asks his tenant to vacate. As per the law, a tenant has a legal right to go to the court and defend himself against an illegal eviction.
The following remedies are available for the tenant as per his/her respective state laws:
Grounds for eviction
Often non-payment of rent, rent agreement violation, property damage and illegal activity are key grounds for a tenant eviction. Therefore, the tenant must refer to the provisions of the State Rent Control Act to find out the grounds for eviction specified under the Act. If the landlord has evicted the said tenant on any ground other than the ones specified in the Act, it will amount to unwarranted eviction and the tenant must thereafter seek the help of law and the enforcement bodies to prevent this eviction.
Suit for injunction
Many circumstances may come when a tenant cannot vacate a house at the request of the landlord. There may be a medical emergency or he may have old parents living in his rented house. In such cases, the tenant can file a suit for injunction, in an appropriate court to legally impede the landlord from evicting the tenant on any other ground (not mentioned in the State's Rent Act). This step should be taken by the tenant in case the landlord forces the tenant to leave the premises without any appropriate notice.
Rent Controller
In case a notice of eviction on false grounds is sent by the Landlord to the Tenant, the tenant should visit the Rent Controller of the appropriate jurisdiction, thereby stating his/her reasons to challenge the notice of eviction. The Court will then summon the tenant and he/she will be required to present his/her case and reasons supporting the requisite evidences.
Notice of rent payment
If the landowner points that he has not received the due rent and states this as the ground of putting forth the notice of eviction, then the tenant may rightfully request the landlord, through a written notice, to send his bank account details so that he can make the transaction and thereby, deposit the unpaid rent. After acknowledging the same, the landlord shall provide the details to the tenant before the end of 10 days from the date of receiving the said notice.
"When tenant receives the requested banking details, he needs to make the deposit transaction as soon as possible. However, if the landlord does not respond to the said notice within the given period of time, the tenant has a right to send a money order of the respective rent amount," said a legal expert at LawRato.
"In case, the landlord refuses to accept the money order or declines the receipt of such transaction, then the tenant has the right to approach the court and file a petition. The court may issue an order to the landlord and compel him/her to take the rent," added the expert.
Remember, you should not accept eviction if you need the house to live and cannot afford moving into a new place immediately. You can always defend your rights and get a legal remedy in case of violation of rental laws by your landlord.
Source magic bricks
Source magic bricks
