My tenant in Kohima is not paying rent, how do I evict him under the state tenancy laws?
MO Asked by Mohammed Khan from India
Quick Answer
You must issue a statutory notice under Nagaland Rent Control Act 2015 specifying the arrears and giving a reasonable period to vacate.
Detailed Legal Analysis
You must issue a statutory notice under Nagaland Rent Control Act 2015 specifying the arrears and giving a reasonable period to vacate. The Gauhati High Court has held that a tenant cannot be evicted except on grounds enumerated in the Act, such as default, subletting or bona fide personal requirement.
After the notice period, you must file an eviction petition before the rent controller or competent court in Kohima. The tenant is entitled to contest and seek protection under the statute against retaliatory eviction.
If arrears are deposited during the proceedings, eviction on the ground of default may be refused. Standard rent and damages for use and occupation can be claimed in the same petition.
The order is executable only after it attains finality or the appeal period lapses.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.