As a homeowner, I also had the query: can a landlord charge for eviction fees? I then asked my lawyer friend about it and he said usually it’s not allowed to charge eviction fees. The tenant is responsible for past-due rent but not the eviction fees if they vacate before the eviction is completed. However, if it’s specified in the lease, a landlord may impose eviction costs. Let’s check out more details:
Indian laws, and state rent control acts in particular, do not give permission to charge an eviction fee from a tenant.
A tenant would usually bear the court fees and other legal expenses unless otherwise ordered by the court, wherein a case filed by the landlord against the tenant for eviction is concerned.
If the said lease agreement between the landlord and tenant contains some specific clause regarding the cost of eviction, then it would be recoverable in court. However, this is relatively a rare scenario in India, and what can be enforced would strictly depend on the interpretation by the courts.
Regarding state rent control laws, excess mostly during eviction cases, landlords don't charge. For example, there is the Maharashtra Rent Control Act and Delhi Rent Control Act.
Tenants can appeal eviction charges in the Rent Control Courts or other legal courts. The courts tend to judge the case on whether the eviction is rightfully done and proper procedure adopted rather than letting the landlords levy a fee.
I would suggest better consult with a legal expert regarding the same.
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Can a Landlord Charge for Eviction Fees?
ridhi
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5 days
2024-10-16T16:45:10+00:00 2024-10-22T08:43:19+00:00Comment
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