The first thing to say is what not to do. Changing the locks, removing the tenant's belongings, or disconnecting electricity and water is not lawful, and it converts your straightforward eviction case into a criminal complaint against you.
The framework in Karnataka
Residential and commercial tenancies in the state are governed by the Karnataka Rent Act, 1999, alongside the general law in the Transfer of Property Act, 1882. Note that the Rent Act exempts certain premises, including some let at rents above a prescribed level and premises let to certain categories of tenant, in which case the ordinary law and a civil suit apply. Which regime you are in decides which forum you go to, so establish this first.
The grounds that succeed
- Arrears of rent, after a notice of demand and the tenant failing to pay within the statutory period
- Bona fide requirement of the landlord or their family for their own occupation. This must be genuine and is closely scrutinised
- Unauthorised subletting or parting with possession
- Material damage to the premises, or use for a purpose other than that let
- Acquisition of alternative suitable accommodation by the tenant
- Reconstruction or demolition requiring vacant possession
The sequence
- Serve a legal notice terminating the tenancy and demanding possession, and where the ground is arrears, demanding the arrears. Serve it properly, with proof.
- File an eviction petition before the court having jurisdiction under the Rent Act, or a civil suit for possession and mesne profits where the Act does not apply.
- Claim mesne profits for the period of unlawful occupation, and arrears with interest, in the same proceeding.
What actually prevents this
A written, registered rent agreement with a clear term, rent, escalation, notice period and permitted use, plus a deposit that is meaningful and rent collected by bank transfer so arrears are provable. Oral tenancies and cash rent are what make eviction slow, because you spend the first year proving basic facts that should have been on paper.
A written, registered rent agreement with a clear term, rent, escalation, notice period and permitted use, plus a deposit that is meaningful and rent collected by bank transfer so arrears are provable. Oral tenancies and cash rent are what make eviction slow, because you spend the first year proving basic facts that should have been on paper.