A Party In Filing A Case For Tenant Eviction: Fill & Download for Free

There are thousands of laws in India and it may not be possible to strictly classify them. However, here I would broadly classify laws according to their purpose and then sub-classify them.Law can be classified into two main categories-Procedural lawsSubstantive laws1.Procedural laws- we all know that we have to knock on the doors of a court for the redressal of our grievances, but we do not know as to how are we supposed to knock on these doors. Procedural law answers this question.Dealing with a case in the court is like being lost in a maze. Procedural law is the guide which helps a lawyer in traversing this maze. These laws are very important because a slight mistake in following the prescribed procedure can be fatal to a case. They are also regulating laws. Courts use these laws to check the tendency of lawyers to delay and stretch the case. A good judge uses these laws to to protect the interests of litigants. For eg, in civil cases, the code of civil procedure prescribes that a judge should not adjourn a case more than 3 times(Order 17 Rule 1of CPC).There are two main statutes in India which regulate the procedure followed in courts-Code of criminal procedure, 1973- for regulating the procedure in criminal cases.Code of civil procedure, 1908- for regulating the procedure in civil cases.Both these laws are extensive and to an extent exhaustive laws. They have tried to deal with almost every possible situation which may occur during a case.Besides these laws, the Supreme Court of India, every High Court in India, every tribunal(for eg, Central/State Administrative Tribunal, Intellectual Property Tribunals, Competion Commission of India) have their own procedure which is to be followed when a case is filed in these tribunals. Other procedural laws are Indian evidence Act, which defines what evidence is relevant and what evidence is admissible in a case, Indian limitation Act, which provides the time period within which a person may file a case to obtain a remedy for his grievance.2. Substantive laws- There are thousands of substantive laws in India. These laws define rights, liabilities, obligations of citizens, non citizens etc. They are regulatory in nature. For eg, these laws may regulate human behaviour, economy, powers of the government etc. Various substantive laws according to their nature and objectives are-Commercial laws- these laws deal with the principles which govern the transactions that are commercial in nature, for eg, indian contract Act, 1872 lays down the principles which govern the contract between the parties; specific relief Act, 1963 provides remedies to a party who is aggrieved by a breach of contract; sales of goods Act, 1930 regulates the law relating to sale and delivery of goods(moveable property).Penal laws- these laws create,define and provide punishment for various offences, for eg, Indian penal code, 1860 (of the best laws in India). This code defines various offences and prescribes punishments for them. Narcotics, Drugs and Psychotrpic Substances Act, this Act defined various offences with regard to growing, carrying, transporting various types of drugs and psychotropic substances.Constitutional law- constitution is the Grundnorm, the mother of all laws. India's constitution is the longest constitution of the world and contains good features of various Constitutions of the world. All laws in India have to conform to the spirit of constitution and if any law violates this spirit, then the Supreme Court will strike down the law as unconstitutional. The Constitution also defines the basic structure of our polity system, the powers of the parliament, state legislature, executive and the judiciary. The qualifications for being appointed as an MP, MLA, President, Vice President, Judges of the Supreme Court and High Courts are also laid down in the Constitution.Taxation laws- these laws lay down tax structure, which income is taxable, which income is exempted from tax etc.Rent laws- these laws are compartively recent. They regulate the relationship between a landlord and a tenant and provide various rights to a landlord as well as tenant. These laws also provide the grounds on which a landlord may evict his tenant. Every State in India has its own rent law.Property laws- properties are sold, mortgaged, gifted, leased everyday. The transfer of property Act, 1882, governs these transactions. Also collateral to property laws is indian registration Act, which provides the procedure to be followed when the documents dealing with immovable property are registered at the registrar's office.Cyber laws- cyber space is an important aspect of modern times and as such information technology Act has been enacted which provides principles appliacable to online transactions. This Act also provides for various internet related crimes.Intellectual property laws- these laws have been enacted to protect and promote intellectual property. In India this field is still growing. The laws which given intellectual property are- trademarks Act, copyrights Act, geographical indications Act.Environment laws- these laws are enacted to protect and preserve our nation's flora, fauna, environment National parks, sanctuaries, offences relating to wildlife, protecting tribals are dealt with under these laws. Some laws have been enacted to protect to control pollution by regulating industries, hotels and discharge by them of industrial waste and effluents. Some of these laws are - wildlife Act, indian forest Act.Personal laws- these laws lay down the laws governing marriage, adoption, guardianship, succession of various communities. These laws are different for different communities. For eg, marriage between Hindus are governed by Hindu Marriage Act, Muslim marriages are governed by Muslim law which is uncodified. Some of the laws are uniformly appliacable to all communities such as Special Marriage ActWelfare laws - these laws enable various welfare schemes of the government reach people. For eg -Mahatma Gandhi National Rural Employment Guarantee Act- this law lays down minimum wages to be given to labourers and guarantees employment.These are just broad classifications. Besides these are many other laws such as stamp laws, land acquisition laws, foreign exchange regulation laws, defence laws, international laws etc.

What issues could a landlord face if he rents his house to a tenant who is on a Section 8 voucher?Exactly the same as with any other tenant, minus the uncertainty of payment.One of the most common misconceptions about the Section 8 program is that landlords who sign up must take whatever tenant is sent to them. That’s not true. You vet the tenants exactly the same as any other tenant, with the except that you don’t need proof of income, merely proof that there is a valid Section 8 voucher.For a landlord to be eligible to accept Section 8 vouchers, he must sign up with the Section 8 program. The property must be inspected and approved before any tenants can be accepted. The inspection is to ensure the unit meets habitability requirements, everything is functional, etc. The program does not require anything a decent landlord wouldn’t already be providing anyway.All Section 8 tenants have an annual inspection by HUD representatives. This is to ensure the unit remains in the condition in which the tenants received it. This means repairs are being done, the tenants are maintaining the property, and everything is in working order. The landlord can (and, of course, should) also do his OWN annual inspection and it does not have to coincide with the HUD inspection. A landlord I knew in California did his annual inspection 6 months after the HUD inspection, so all his properties (he only accepted Section 8 tenants) were inspected twice a year instead of once.Section 8 vouchers cover part or all of the rent payment. That payment is made directly to the landlord. The tenant is responsible for paying any amount not covered by the voucher. So if the voucher is for 80% of the rent on a $1000 unit, the tenant must pay $200 directly to the landlord.Section 8 tenants can be evicted, just like any other tenant, but there is an added step of the landlord needing permission from the Housing Authority. As long as you have properly documented the cause, this isn’t a problem. You’d need that documentation for the eviction judge, anyway, so this shouldn’t be a problem for you, either.Section 8 Eviction ExplainedSection 8 eviction of a tenant receiving benefits under the program is different from a typical eviction. Primarily, the presence of the government and rules of the Section 8 program provide only a few grounds for evicting a tenant, making it more difficult. However, despite these difficulties and the presence of the government in the landlord-tenant relationship, it is possible to evict a Section 8 tenant.The Party Initiating the EvictionThe landlord is responsible for evicting a tenant receiving benefits from the Section 8 program. Despite the fact that the government pays a portion of rent, the Department of Housing and Urban Development (HUD) and the local housing authority cannot have a tenant evicted from the landlord’s property. However, the housing authority must be notified of the eviction. Typically, this notification occurs by the landlord providing the housing authority a copy of the initial notice.Laws Governing a Section 8 EvictionIn a Section 8 eviction the landlord must abide by state and local laws governing evictions and the terms set forth in the lease. Typically, this means that the tenant must receive written notice anywhere from sixty to ninety days prior to the impending eviction. Additionally, some states have created rules and procedures to follow in a Section 8 eviction. Commonly, these rules require notification that the landlord receives permission from the housing authority to proceed against the tenant. Failure to obtain housing authority’s permission, however, does not prevent the eviction action, but the landlord must then name the housing authority as a co-defendant with the tenant.Non-Payment of RentA Section 8 tenant can be evicted for non-payment of the tenant portion of rent. In this instance, the housing authority must be notified of the impending eviction and that non-payment of the tenant’s rent obligation is the basis for eviction. If the tenant has failed to pay their portion of rent, the landlord must provide him with the option to pay the overdue rent. If the tenant still fails to pay within the stated time period, the landlord may then continue with the eviction.Other Grounds for EvictionTenants participating in the Section 8 program can also be evicted for reasons other than non-payment of rent. Illegal use of the property, drug abuse or a conviction of one of the tenants for drug-related criminal activity are valid grounds for evicting a tenant. Failing to submit income verification forms, proof of United States citizenship and failure to make property repairs or breaking the terms of the lease are additional grounds for eviction. Finally, a tenant subject to lifetime registration as a sex offender can be evicted. In all of these situations, the tenant may lose their eligibility for benefits.The Eviction ProcessAfter the landlord notifies the housing authority of his intent to evict a Section 8 tenant and the period permitting the tenant to rectify the problems ends, the eviction action proceeds like any other eviction. The next step is for the landlord to file a court case, commonly called an “Unlawful Detainer Action.” If the tenant fails to respond to appear in court or otherwise respond to the action, the landlord may then remove the tenant’s belongings and change the locks on the apartment. In most states, the police and not the landlord removes the tenant’s possessions.Despite the requirement of notifying the local housing authority, evicting a Section 8 tenant is the same as evicting any other tenant. In any eviction action, it is imperative for both parties to keep records of the actions leading to the eviction.

Did your tenants file the COVID-19 rent relief form. Or did they just assume with the gossip, they did not need to pay rent?The COVID-19 rent relief rules do not cover rental arrears caused by non-COVID-19 issues. Neither does that program relieve renters from paying back rent when they are no longer out of work. In short, renters can not just start-up paying rent again without making arrangement to pay all the back rent too.Any non-rent payment issues are not covered. Noisy parties, criminal activities, moving extra people in without permission, health and safety problems, damage to property, and so forth still can be grounds for eviction.If they did not file the required form, you can evict them. If they file belatedly to fend off the eviction, they may still be subject to the eviction. The court will have to hear both sides of the story to determine the outcome.You should go online and study the programs for renter relief and landlord assistance.Your mortgage holder may be able to guide you to COVID-19 programs for landlords, too.The best advice is to seek a real estate attorney to review your situation. Take what advice they give, and if you can, do the work yourself. Then all you pay for in legal fees is the time spent in initial consultation, which in many cases, is given—up to a certain time limit—for free.