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