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Tenant Not Vacating / Rent Dispute

Your tenant is not paying rent, not vacating the property, or there is a dispute over rent agreement terms.

Do this now
  1. 01Send a written notice to the tenant to vacate (via registered post)
  2. 02Give proper notice period (as per agreement or 15 days for monthly tenancy)
  3. 03Do NOT cut electricity, water, or lock the premises — this is illegal
  4. 04Do NOT use force or threats
  5. 05If tenant doesn't vacate after notice, file an eviction suit in court
  6. 06Consult a lawyer for eviction proceedings
  7. 07Keep records of all rent payments and communications
Evidence to collect
  1. Rent agreement (if any)
  2. Rent receipts and payment records
  3. Notice sent to tenant (with postal receipt)
  4. Communication records (messages, emails)
  5. Photographs of property condition
  6. Witness statements from neighbors
Documents you need
  1. Rent agreement
  2. Property ownership documents
  3. Notice to vacate (copy with proof of delivery)
  4. Rent payment records
  5. Property tax receipts
  6. ID proof of landlord
Where to complain
  1. Rent Controller / Rent Court
  2. Civil Court — Eviction suit
  3. Police Station — If criminal trespass after notice period
  4. Mediation Centre — For amicable resolution
Laws that apply
  1. Transfer of Property Act — Section 106 (Termination of Lease)
  2. State Rent Control Act (varies by state)
  3. BNS Section 329 — Criminal trespass (if tenant refuses to leave after termination)
  4. Civil Procedure Code — Eviction suit
Understanding the issue

As a landlord, you cannot forcibly evict a tenant — it must be done through legal process. If the tenant is not paying rent or violating agreement terms, you must first serve a legal notice. If the tenant still refuses to vacate, you need to file an eviction suit. Cutting electricity, water, or locking the tenant out is illegal.

When to see a lawyer

Consult a lawyer before sending the eviction notice to ensure it is legally valid. If the tenant refuses to vacate after notice, a lawyer is needed for the eviction suit.