Your rights
My tenant is not paying rent — what can I do?
Short answer
Send a legal notice demanding unpaid rent, then file an eviction petition in Rent Court citing non-payment as grounds for eviction.
Understanding the issue
If your tenant has stopped paying rent, you have legal remedies but must follow due process — you cannot use force or self-help measures. Step 1: Send a written reminder requesting payment within a reasonable period (7-15 days). Step 2: If no response, send a formal legal notice through a lawyer citing breach of rent agreement and demanding payment. Step 3: If the tenant still does not pay, file an eviction petition before the Rent Controller/Rent Court on grounds of non-payment of rent. Under most state Rent Control Acts, non-payment of rent for more than 3-6 months is a valid ground for eviction. Step 4: The court will issue notice to the tenant. If rent arrears are proven, the court will order eviction. The process takes 6-12 months typically. Important: You CANNOT cut water/electricity, change locks, or physically evict the tenant — these are illegal. You CANNOT enter the premises without notice. Keep records of all rent receipts (showing when payments stopped), bank statements, and communication with the tenant.
Laws that apply
- State Rent Control Act (varies by state — grounds for eviction)
- Transfer of Property Act — Section 106 (Notice to quit)
- Transfer of Property Act — Section 111 (Determination of lease)
- BNS Section 329 — Criminal trespass if landlord forces entry