Rent matters are dealt with under provincial rent legislation, before the Rent Controller rather than the ordinary civil courts. Using the wrong forum is the most common early mistake and costs months.
Grounds for ejectment
- Default in payment of rent
- Expiry of the tenancy period
- Personal bona fide requirement of the landlord
- Subletting without permission where not permitted
- Damage to the property, or use for a purpose other than that let
- Construction or reconstruction requiring vacant possession
Landlords: what undermines your case
Rent received in cash with no record is the recurring problem. Where there is no written tenancy and no traceable payment history, establishing the terms and the default becomes far harder than it should be.
Put tenancies in writing and take rent into an account.
Tenants: what protects you
A tenant in lawful possession cannot simply be removed. Disconnecting utilities, changing locks or removing belongings are not lawful routes to possession, and a landlord doing so exposes himself to liability.
Keep proof of every rent payment, because the burden of showing payment usually falls on the tenant.
Deposit of rent
Where a landlord refuses to accept rent in order to build a default case, the tenant can ordinarily deposit it with the Rent Controller. Doing so promptly prevents the manufactured default that follows otherwise.
What to do next
Bring the tenancy agreement if one exists, the rent payment record, any notices exchanged, and details of the current position on the ground.