Can a Tenant Remove Another Tenant?

To reply to your query about can a tenant remove another tenant, the answer is No. A tenant may raise concerns if another occupant is causing problems such as violating the lease, engaging in misconduct, or interfering with quiet enjoyment of the premises. They can approach the landlord and request that they take action.

Can a Tenant Evict an Occupant?

No, a tenant cannot simply decide on their own to evict or exclude another tenant from the premises without following the legal process. This is the landlord’s responsibility.

1. They cannot change locks, lock out the person, remove their belongings, or otherwise forcibly remove them without a court order or landlord’s formal action. This could amount to wrongful eviction or illegal “self-help,” which is generally prohibited.

2. If the other occupant is named in the lease or has tenancy rights, the deciding rights largely rest with the landlord and/or the legal process, rather than between tenants themselves.

3. Check who is named on the lease, what sub-letting or occupancy clauses exist, and what rights each occupant has.

4. Inform the landlord in writing about the issue. Ask the landlord to take proper action (warning, eviction, lease termination) if the other tenant is violating the lease terms.

If the landlord agrees, they must follow the tenancy law of the jurisdiction (for instance, giving notice and filing for eviction) to remove the problematic tenant legally. Do not take matters into your own hands by locking someone out or removing them without due process, as it could be challenged in court. Hope this helps.

Get your Rent Agreement Drafted with Proper Terms and Conditions via NoBroker.

You enter a new stage of life that is full of optimism and hope when you sign a rent agreement. Sadly, unforeseen circumstances may make you dissatisfied with your present lease and the desire to remove the other renter. One question arises: can a tenant remove another tenant? A tenant cannot remove another tenant without legal grounds and proper legal procedures. Read on to know more.

Can I Remove Another Tenant?

In India, eviction is governed by state-specific Rent Control Acts and the Transfer of Property Act, 1882. Here are the general grounds for eviction:

• Non-Payment of Rent: If the tenant doesn’t pay rent for a stipulated period (usually 15 days or more), the landlord can seek eviction.

• Breach of Lease Agreement: If the tenant violates the terms of the lease agreement, such as unauthorised subletting or illegal use of the property, the landlord can serve an eviction notice.

• Personal Requirement: If the landlord or a close family member requires the property for personal use, the landlord can evict the tenant after providing adequate notice.

• Damage to Property: If the tenant causes significant damage to the property, the landlord can seek eviction.

Tenants must contest the eviction if they believe it is unjust. They can file a case in civil court to seek protection against unlawful eviction. I hope you found this helpful.

Read more