How to get rid of your tenant?

Q. (Also posted in My-RealProperty1&2)

How to get rid of my errant tenant who owes me 10 months rental?

A.
Eviction order is required from the Court. You just cannot lock, cut water, stop electricity or use any form of force to evict your tenant. Although it is hard to swallow this - as he owes you rental - and you are being 'cheated', using force is not tolerated by law.

Why?

Because of the law as in Specific Relief Act, 1950. Below is an extract of S.7 of the law.

CHAPTER I 

RECOVERING POSSESSION OF PROPERTY 

Possession of Immovable Property

Recovery of specific immovable property 
7. (1) Subject to subsection (2), a person entitled to the possession of specific immovable property may recover it in the manner prescribed by the law relating to civil procedure.

(2) Where a specific immovable property has been let under a tenancy, and that tenancy is determined or has come to an end, but the occupier continues to remain in occupation of the property or part thereof, the person entitled to the possession of the property shall not enforce his right to recover it against the occupier otherwise than by proceedings in the court.

(3) In subsection (2) “occupier” means any person lawfully in occupation of the property or part thereof at the termination of the tenancy.

Hence, when a tenant has breached the tenancy agreement the landlord can proceed to take action to evict the tenant. However, the procedure should follow S.7 of Specific Relief Act 1950.

Further reading please go here - Tenant not paying rental! Another reading is 'Pro-tenant or Pro-landlord?'.

Recovery from tenancy.

Ref:
Specific Relief Act 1950.