I want to evict a tenant from my property in Moradabad who has not paid rent for six months, what is the legal procedure?
NI Asked by Nitin Khanna from India
Quick Answer
Eviction of a tenant is governed by the rent control law applicable in the state where the property is situated.
Detailed Legal Analysis
Eviction of a tenant is governed by the rent control law applicable in the state where the property is situated. In Moradabad, you must file an eviction petition before the Rent Controller or the competent court under Uttar Pradesh Rent Control Act 1972.
The Allahabad High Court has held that non-payment of rent is a valid ground for eviction if the statutory notice is served. You must serve a notice to quit on the tenant giving reasonable time to pay the arrears or vacate the premises.
If the tenant fails to comply, you can file the eviction petition with the court. The court will issue notice to the tenant and afford an opportunity to contest.
If the court is satisfied that the ground is made out, it will pass an order of eviction. You may also claim arrears of rent and damages for use and occupation.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.