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What is an Illegal Eviction?

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0 2024-03-29T18:09:28+00:00
Wondering what is an eviction notice. Let me tell you. An illegal eviction refers to the act of forcibly removing a tenant from rented premises without following the proper legal procedures as outlined in the relevant tenancy laws.

What is Unlawful Eviction?

  • Illegal eviction is considered a violation of the tenant's rights and can lead to legal consequences for the landlord. Here are some actions that constitute illegal eviction in India:
  • Physically removing the tenant from the rented premises without their consent or without obtaining a valid court order for eviction.
  • Changing the locks of the rented premises or otherwise denying the tenant access to the property without lawful authority. Disconnecting essential services such as water, electricity, or gas to coerce the tenant into vacating the premises.
  • Engaging in harassment, intimidation, or making threats against the tenant to compel them to leave the property. Engaging in actions that make the rented premises uninhabitable or unsafe for the tenant, effectively forcing them to vacate the property.
  • Evicting the tenant in retaliation for exercising their legal rights, such as filing a complaint against the landlord or participating in tenant advocacy activities. Filing a false or frivolous eviction suit or obtaining an eviction order through fraudulent means.
  • Attempting to evict the tenant without involving the appropriate legal authorities or court proceedings, such as by using force or coercion.
  • Illegal eviction is prohibited under various state-specific tenancy laws, such as the Rent Control Acts and Rent Regulation Laws, as well as the general principles of landlord-tenant law in India.
  • Tenants who have been illegally evicted may have legal recourse to seek reinstatement, damages, or other remedies through civil court proceedings.
These are complete details about what is an illegal eviction. Consult Legal Experts to Safeguard Your Tenant Rights Easily via NoBroker Read more Can we extend residential rental agreement beyond 3yrs?  

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