Landlord-Tenant & Eviction Disputes

Landlord-Tenant Disputes: Rent Recovery, Eviction and Lease Matters

VIVS Legal represents both landlords and tenants in disputes concerning rent recovery, eviction, lease renewal and possession. In Maharashtra, tenancies covered by the Maharashtra Rent Control Act, 1999 are governed by its specific eviction grounds and procedure, while tenancies outside its scope, or governed purely by a leave-and-licence agreement, are addressed under general civil law and the Transfer of Property Act, 1882.

Which framework applies depends on the nature of the tenancy, the rent structure and the terms of the agreement, and is assessed on the facts of each matter.

How VIVS Legal assists

Eviction proceedings

Representing landlords seeking possession on grounds such as non-payment of rent, unauthorised subletting, or bona fide personal requirement.

Tenant defence

Representing tenants contesting eviction notices or defending against claims that do not meet the statutory grounds.

Rent recovery

Pursuing recovery of unpaid rent and arrears through appropriate legal proceedings.

Leave and licence agreements

Drafting and reviewing leave-and-licence agreements to reduce the risk of future disputes.

Commercial lease disputes

Advice and representation in disputes concerning commercial lease terms, renewal and termination.

Illegal possession recovery

Assisting property owners in recovering possession from occupants without lawful tenancy rights.

Frequently asked questions

On what grounds can a landlord evict a tenant in Maharashtra?

Common grounds include non-payment of rent, unauthorised subletting, bona fide personal requirement of the landlord, and misuse of the premises, subject to the specific provisions applicable to the tenancy.

What is the difference between a rent agreement and a leave-and-licence agreement?

A leave-and-licence agreement grants a personal permission to occupy premises without creating tenancy rights, and is commonly used precisely because it falls outside certain rent control protections, while a rent agreement may create statutory tenancy rights depending on its terms.

Can a tenant be evicted without a court order?

No, a landlord cannot forcibly evict a tenant without following due legal process, regardless of the grounds for eviction.

How long does an eviction case take?

Timelines depend on the applicable law, the court’s schedule and whether the matter is contested, and are assessed after reviewing the specific tenancy documents.

Can a tenant claim any rights after a licence period ends?

Rights depend on the specific agreement and applicable law. A licence that has genuinely expired does not automatically confer tenancy rights, but the facts of each case must be examined.

What should a landlord do before filing for eviction?

Review the agreement, document the grounds for eviction, and issue an appropriate legal notice before initiating proceedings, since the specific procedure depends on the applicable law.

Legal notice: This page provides general information, not legal advice. No lawyer-client relationship is formed by viewing the page or sending an enquiry. Engagement, scope and fees must be confirmed in writing.