Eviction Process in India: Notice, Court Steps and Why the State Matters

What is the eviction process in India?

The eviction process in India is a legal sequence: work out what kind of occupant you have, serve a written notice that fits the law of your state, and, if the occupant stays, apply to the authority or court that state law names for an eviction order and then have it executed. The steps look similar across the country. The grounds, notice periods and forum differ from state to state.

For that reason this guide gives the central law first and then one state, Maharashtra, in detail. Everything under the Maharashtra headings applies to Maharashtra only.

Why does the state matter so much?

Landlord and tenant matters are dealt with by state rent control laws, such as the Maharashtra Rent Control Act, 1999, alongside the central Transfer of Property Act, 1882. A state Act can decide who counts as a tenant, which grounds allow eviction, how much notice is needed and which forum hears the case. Some premises, such as newly built flats or high-rent units, may be outside a state Act altogether, and then the central Act and the contract govern.

So ask three questions before anything is sent:

• In which state is the property?
• Is the occupant a tenant, a licensee or a lessee under a long lease?
• Does that state's rent law cover these premises, and does the written agreement say anything different?

What does the Transfer of Property Act say about notice?

Section 106 of the Transfer of Property Act, 1882 sets the default rule when there is no contract, local law or usage to the contrary.

• A lease for agricultural or manufacturing purposes is treated as a lease from year to year, ended by six months' notice from either side.
• A lease for any other purpose, which covers most residential and shop lettings, is treated as month to month, ended by fifteen days' notice.
• The notice period runs from the date the notice is received.
• The notice must be in writing and signed by or for the person giving it. It must be sent by post, handed over personally, or, if neither is practicable, affixed to a conspicuous part of the property.

That default is a floor for the case where nothing else applies. In a state with a rent Act, you must also meet that Act's grounds and procedure. A notice that ends the lease on paper does not by itself allow eviction in such a state.

How does eviction work in Maharashtra? (State-specific example)

The Maharashtra Rent Control Act, 1999 separates two main situations.

An occupant on leave and licence

Under Section 24, a licensee in occupation of premises given on licence for residence must hand back possession when the licence period ends. If the licensee does not, the landlord applies to the Competent Authority, and once the Authority is satisfied that the licence period has expired, it passes an eviction order. A licensee who stays on until dispossessed is liable to pay damages at double the licence fee fixed in the agreement. The Authority does not entertain claims from people who are not licensees under the agreement, and a written licence agreement is conclusive evidence of what it states.

A tenant

A landlord can recover possession from a protected tenant only on the grounds the Act allows. Two provisions matter first:

• Unpaid rent, Section 15. No suit for possession on the ground of non-payment can be filed until 90 days after a written demand notice for the standard rent and permitted increases has been served in the manner provided by Section 106 of the Transfer of Property Act. If the tenant, within 90 days of service of the summons, pays or tenders the arrears with simple interest at fifteen per cent a year and keeps paying regularly and pays the costs, no decree for eviction can be passed on that ground.
• Other grounds, Section 16. The list includes damage to the premises or building of a permanent structure without written consent; conduct that is a nuisance or annoyance to neighbours or use for illegal purposes; unlawful subletting or giving on licence; premises let for service and the service has ended; premises reasonably and bona fide required by the landlord for his own occupation or for repairs or for demolition and rebuilding; and premises not used for the purpose they were let for, for a continuous period of six months, without reasonable cause.

The forum for tenancy suits depends on the area. In Mumbai the Small Causes Court is the usual forum. Elsewhere in Maharashtra, check which court hears tenancy suits for your area before you file.

What are the steps? (Maharashtra, in order)

1. Identify the occupant. Read the agreement and look at who actually pays and how. Calling an arrangement a licence does not make it one if the facts show exclusive possession on rent.
2. Send the right notice. For arrears from a tenant, a written demand notice and a 90-day wait. For a licensee, a notice that the licence has ended and possession is required.
3. File in the right place. The Competent Authority for a licensee under Section 24. The court named in the Act for a tenant.
4. Interim orders. In a tenancy suit the court deals with deposit of arrears and any restraint on subletting while the suit is pending.
5. Hearing. A Section 24 matter is limited to the licence agreement and its expiry. A tenancy suit needs evidence on the ground pleaded.
6. Order and execution. If the occupant still does not leave, possession is delivered through the court's process.

A hypothetical to show the numbers

This example is invented and uses round figures. An owner in Navi Mumbai gave a flat on a registered leave and licence for eleven months at Rs 40,000 a month. The licence ended on 31 March. The licensee stays until 30 June, when the Competent Authority has passed an order and possession is taken.

• Section 24(2) makes the licensee liable for damages at double the licence fee, which is Rs 80,000 a month for the overstay.
• Overstay of three months at that rate comes to Rs 2,40,000.
• Whether the full amount is recovered, and from what date, depends on what the order says and on the agreement, so the figure is a way to read the section, not a prediction.

What are the mistakes owners and tenants make?

• Taking rent after a termination notice without saying in writing that the owner's rights are reserved.
• Renewing by message instead of a fresh agreement.
• A tenant stopping rent to put pressure on the owner, which hands the owner a ground.
• An owner changing locks, cutting water or electricity, or removing belongings. This can lead to a police complaint and a civil claim for dispossession, even when the occupant has no right to be there.
• Sending a notice with a short period, an unsigned notice, or one sent to the wrong address.

If someone occupies your property with no right at all, our guide on illegal possession of property explains the other remedies.

Which papers should you keep ready?

• The agreement, with registration details if any.
• Rent receipts or bank statements showing every payment.
• Notices sent and received, with postal tracking or delivery proof.
• Property tax bills, the society's records and any police intimation of the occupant.
• Photographs of the premises at the start of the occupation.

Owners who need a notice template can start from our notice to vacate guide, and those starting a fresh letting can see the rental agreement maker.

Where can you read about VIVS Legal's work on this?

Our page on landlord and tenant eviction matters in Maharashtra describes how VIVS Legal handles eviction and rent matters from Navi Mumbai.

This is general information, not legal advice.