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Q.

Can You Evict a Tenant to Do Renovations?

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Let me first tell you tenant eviction for renovation in India is based mainly on the state in which the property is located, and the particular circumstances. Coming back to your query, can you evict a tenant to do renovations? So, as a landlord, you can evict your tenant for renovation, but only under certain circumstances. Read on to know more about this.

Can a Landlord Evict You to Do Renovations?

Evicting a tenant to carry out renovations in India is possible, but highly regulated. If you are a landlord or tenant, keep in mind the tenancy laws in India ‌favour tenant protection. If you are an owner, you can do eviction lawfully, with valid reasons and due process. Let's find out the factors and procedures involved.

  • Substantial Renovations or Repairs: Eviction is allowed if the landlord shows the property requires substantial renovations or repairs that make it unsafe or uninhabitable for the tenant during the work.

  • Mandatory Structural Repairs: If there are structural repairs required by municipal laws (e.g., to avoid building collapse), landlords may request that tenants vacate temporarily. But, if the tenant is trying to do it on his own, you can evict him.

  • Improvements for Personal Use: Some tenancy laws may allow a landlord to evict a tenant if they wish to renovate the property for personal use or to upgrade the property significantly.

Guidelines for Landlord

  • As a landlord, you must offer the notice time stated in your lease agreement or by local tenancy legislation.

  • In rent-controlled locations, you may need to get authorisation from the rent control authority or a court to evict a tenant for renovations. This is especially true if eviction may lead to displacement.

  • Landlords can also include a clause in the lease that allows for temporary eviction for major repairs or renovations, specifying the right of the tenant to return once the work is completed.

Some states have restrictions regarding eviction for renovations. For example, the Maharashtra Rent Control Act allows eviction if the landlord has to make repairs, but frequently requires the owner to allow the tenant to return once the repairs are completed.

I hope this helps you understand as a landlord, can you evict a tenant to do renovations.

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