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.

Reviewed by 3 advocates · 2 Bar Councils

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02What the law says

Your state

General information for India. State-specific notes are listed below.

Karnataka · Karnataka: eviction under the Karnataka Rent Act, 1999
Keralam (Kerala) · Keralam: eviction only through the Rent Control Court
Tamil Nadu · Tamil Nadu: eviction only through the Rent Court

03Where you can go

04How it usually works

  1. 01

    The landlord sends a notice asking the tenant to leave, or to pay arrears, as the agreement and state law require.

  2. 02

    The tenant may leave, negotiate, or reply to the notice.

  3. 03

    If the tenant stays, the landlord can file an eviction case in the court or Rent Court named by the state law.

  4. 04

    The tenant is served notice of the case and can file a reply and evidence.

  5. 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.

  6. 06

    Eviction itself is carried out under the court's order, not by the landlord's own action.

05Time limits

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

The Supreme Court has held that a person in settled possession can be removed only through the legal process, even after their right to stay ends. The landlord would need an order from the right court or authority.

Many state rent laws forbid this. In Karnataka and Tamil Nadu, for example, the tenant can complain to the Rent Controller or Rent Authority, which can order immediate restoration.

Usually, yes. Many state laws expect rent to keep being paid, and not paying can itself become a ground for eviction. Some laws allow rent to be deposited with an authority if the landlord refuses it.

It depends on whether a state rent law applies to your premises. Where it does, eviction is usually allowed only on the grounds that law lists.

08Questions to ask an advocate

If you speak to an advocate, these questions can help make the conversation useful.

09Sources

This guide is general legal information for India, not legal advice. Laws and procedures change and can differ by state. For advice on your situation, speak to a qualified advocate.

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