Non-Payment of Rent: Ground for Eviction in COVID Era

Abstract

The paper aims at representing the problems faced by people due to non-payment of rent during the COVID-19 period, resulting in them facing eviction from their rented houses. Most of the tenants in this case belonged to lower sections of the society - people working in the informal sectors in search of work and livelihood. They were left helpless on the streets because their source of earning was dependent on daily basis works and all their sources of income were stopped due to lockdown. The government though provided them with the basic facilities through shelter homes and hunger camps. The same happened with people operating their businesses from rented offices or shopping complexes. They were also not able to pay the rents due to fall in income and various other problems. Overall, the spending capacity of consumers has declined, and all these factors are affecting the nation’s economy steadily. The rent agreements are governed by various statutes such as The Indian Contract Act 1872, Transfer of Property Act 1881, and many other rent management acts. Ministry of Home Affairs (MHA) has also passed certain rules regarding the relief and exception from demanding rent from labour migrants and workers during the pandemic lockdown. Additionally, many PILs (public interest litigations) have also been filed in the high court and the supreme court because of the unexpected and unprecedented conditions resulting due to the COVID-19 pandemic. Court has accepted many exceptions which include non-payment of rent during lockdown, non-deduction of wages during the period and waiver of interest on EMIs etc. Violation of these orders will lead to imposition of criminal actions against persons responsible in their respective jurisdictions.

Keywords: Non-Payment, Rent, Eviction, COVID-19

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