In short
- A tenancy usually ends when the agreed term runs out or when a valid notice to quit is given.
- If the tenant doesn't leave, the landlord generally has to go to a court, Rent Court or Rent Authority to get possession back.
- The Supreme Court has held that even after a tenancy or licence ends, the owner can't throw out a person in settled possession except by recourse to law.
- Many state rent laws make it an offence for a landlord to cut off water, electricity or other essential supplies.
- The grounds for eviction depend on your state's rent law and your agreement.
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02What the law says
Under the Transfer of Property Act, 1882, a lease ends in ways such as the agreed period running out, forfeiture for breaking a condition that allows re-entry, or a valid notice to quit. Where there is no written contract or local law saying otherwise, a residential lease is treated as month-to-month and can be ended by 15 days' written notice. The notice must be signed and delivered by post, in person, or by fixing it on the property if delivery isn't possible.
Where a state rent control or tenancy law applies, it usually limits eviction to specific grounds. Common grounds include unpaid rent, subletting without consent, misuse or damage to the property, and the landlord's own genuine need. Only the court or authority named in that law can order eviction.
Self-help eviction is not allowed. In Krishna Ram Mahale v. Shobha Venkat Rao (1989), the Supreme Court held that a person in settled possession can't be dispossessed by the owner except by recourse to law, even after their right to stay has ended. Changing locks, removing belongings or cutting off utilities to force a tenant out is not a lawful way to evict.
Your state
General information for India. State-specific notes are listed below.
Karnataka · Karnataka: eviction under the Karnataka Rent Act, 1999
Where the Karnataka Rent Act, 1999 applies, Section 27 says no order for recovery of possession can be made by a court except on the grounds it lists. These include rent arrears unpaid within two months of a demand notice, subletting without consent, misuse, substantial damage, nuisance, and the landlord's own genuine need. In arrears cases, the tenant can avoid eviction by paying the arrears within one month of the order. Eviction cases go to the Court of Small Causes in Bengaluru and the Civil Judge's court elsewhere. Under Section 49, a landlord must not cut off or withhold essential supplies such as water, electricity, passage lights or sanitary services without just cause. The tenant can complain to the Rent Controller, who can order immediate restoration. Some premises are outside the Act, including higher-rent and most non-residential premises.
Rent Controller; Court of Small Causes (Bengaluru) or Civil Judge (opens in new tab)
Keralam (Kerala) · Keralam: eviction only through the Rent Control Court
Where the Kerala Buildings (Lease and Rent Control) Act, 1965 applies, Section 11 says a tenant can't be evicted except under the Act, whatever any contract says. The landlord applies to the Rent Control Court. Grounds include unpaid rent (after a registered notice, the tenant has 15 days to pay the arrears with 6% a year interest and the cost of the notice), the landlord's genuine need for their own or a dependent family member's use, subletting without consent (after a registered notice and 30 days to end it), use that materially and permanently reduces the building's value or utility, the tenant having another reasonably sufficient building in the same city, town or village, genuine reconstruction, and the tenant not living there for six months without reasonable cause. In an arrears case, the order can't be carried out for one month (or longer if the court allows), and paying the arrears, interest and costs within that time cancels it. Where the tenancy is for a fixed period, the landlord can't apply before that period ends. To contest the case or appeal, the tenant must pay or deposit the rent they admit is due and keep paying rent (Section 12). Under Section 13, a landlord must not cut off or withhold amenities without just or sufficient cause. The tenant can complain to the Accommodation Controller (an officer not below Tahsildar rank), who can order immediate restoration. Its orders can be appealed to the District Collector within 30 days. Rent Control Court orders can be appealed within 30 days to the appellate authority, an officer not below Subordinate Judge rank. Section 11 doesn't apply where the landlord is the State or Central Government or a notified public authority.
Tamil Nadu · Tamil Nadu: eviction only through the Rent Court
Under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, a tenant can be evicted only on the grounds in Section 21(2), by application to the Rent Court. Grounds include not paying rent for two months after a one-month demand notice (paying within that month cures the default, but only once), parting with possession without consent, continued misuse after notice, repairs needing vacant premises, and unauthorised structural changes. Neither landlord nor tenant may cut off essential supplies such as water, electricity, lifts or sanitation (Section 20). The Rent Authority can order immediate restoration. A landlord must give at least 24 hours' written or electronic notice to enter, between 7 am and 8 pm. Rent Court orders can be appealed to the Rent Tribunal within 30 days.
Rent Authority, Rent Court and Rent Tribunal under the Act (opens in new tab)
03Where you can go
- The landlord, in writing. Many disputes are settled by agreeing a move-out date or terms.
- Rent Controller or Rent Authority. Under many state laws, for complaints about essential supplies being cut off and for some rent matters.
- Rent Court or civil court. Where eviction cases are heard, depending on your state.
- Police. Some people approach the police if they face force, threats or a lockout.
- Mediation or Lok Adalat. If both sides agree.
04How it usually works
- 01
The landlord sends a notice asking the tenant to leave, or to pay arrears, as the agreement and state law require.
- 02
The tenant may leave, negotiate, or reply to the notice.
- 03
If the tenant stays, the landlord can file an eviction case in the court or Rent Court named by the state law.
- 04
The tenant is served notice of the case and can file a reply and evidence.
- 05
The court decides whether a lawful ground for eviction is made out and passes an order. Appeals may be possible within set time limits.
- 06
Eviction itself is carried out under the court's order, not by the landlord's own action.
05Time limits
- 15 days: notice to end a month-to-month residential tenancy where no contract or local law says otherwise (Section 106, Transfer of Property Act).
- State rent laws set their own notice periods and timelines. See the state notes.
06Documents to gather
- Rent agreement, and proof of registration if registered
- Rent receipts or bank statements showing payments
- Any notice from the landlord, with the envelope or delivery proof
- Messages, emails and call records with the landlord
- Photos or videos, and utility bills, if supplies were cut off
- Any court summons or Rent Authority papers
07Common questions
08Questions to ask an advocate
If you speak to an advocate, these questions can help make the conversation useful.
- Does my state's rent or tenancy law cover my premises?
- Is the landlord's notice valid, and does it rely on a ground the law allows?
- What can I do right away if supplies are cut off or I am locked out?
- If a case is filed, how much time do I have to reply, and what are my defences?
09Sources
- Transfer of Property Act, 1882 — Sections 106 and 111 (India Code) (opens in new tab)
- Krishna Ram Mahale v. Shobha Venkat Rao, (1989) 4 SCC 131, Supreme Court of India, 9 August 1989 (opens in new tab)
- Karnataka Rent Act, 1999 — Sections 3, 27, 49 (opens in new tab)
- Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 — Sections 17, 20, 21, 38 (opens in new tab)
- Model Tenancy Act, 2021 (Ministry of Housing and Urban Affairs) (opens in new tab)
- Kerala Buildings (Lease and Rent Control) Act, 1965 — Sections 3, 11, 12, 13 and 18 (India Code) (opens in new tab)
