Eviction Process in India – Simple Step‑by‑Step Guide

If you’re a landlord wondering how to remove a non‑paying tenant, or a renter worried about being asked to leave, the eviction process can feel like a maze. The good news is that Indian law lays out clear stages, and you don’t need a law degree to follow them. Below we break down each step, the paperwork you’ll need, and the rights each side has, so you can move forward without surprises.

Key Notices a Landlord Must Serve

The first hurdle is the notice. Under most state rent acts and the Model Tenancy Act, a landlord must give the tenant a written notice to vacate. The notice period varies – usually 30 days for non‑payment of rent, and up to 90 days for other breaches like illegal sub‑letting. Make sure the notice mentions the exact reason, the amount owed (if any), and the date by which the tenant must leave. Send it via registered post or a reliable courier; a simple hand‑off can be challenged later.

If the tenant ignores the notice, you can’t just change the lock or throw out their belongings. Doing so is illegal and can expose you to a counter‑claim for unlawful eviction. Patience at this stage saves you a lot of trouble.

When to Go to Court and What to Expect

Once the notice period ends and the tenant is still occupying the premises, it’s time to file a suit for recovery of possession. Most states have dedicated Rent Courts; if your city doesn’t, you’ll approach the Civil Court. The petition should include:

• The rental agreement (or proof of an oral agreement).
• Copies of all notices sent.
• Evidence of unpaid rent or breach, like bank statements or utility bills.
• Details of any damages you claim.

The court typically issues a temporary injunction that prevents the tenant from further damaging the property, but it won’t order immediate eviction. A hearing is scheduled, both sides present their case, and the judge decides whether to grant possession.

If the judge rules in your favor, a final order is issued. The tenant gets a final deadline (often 15‑30 days) to vacate. If they still refuse, you can approach the police to enforce the order. The police can escort the tenant out, but they cannot seize personal belongings – those remain the tenant’s responsibility.

Remember, the court’s decision can be appealed. Both parties should keep copies of every document, as missing paperwork is a common reason for delays.

Other important points:

• Security deposit: You can claim it to cover unpaid rent or damages, but you must provide an itemised deduction list.
• Rent control zones: Some cities have rent control acts that limit the amount you can charge and the grounds for eviction. Check local statutes.
• Tenant defenses: A tenant can claim the landlord breached the agreement first (e.g., failed repairs) to block eviction.

By following the notice rules, filing the correct paperwork, and respecting the court’s timeline, you can navigate the eviction process without costly setbacks. If you’re unsure about any step, a quick consultation with a property lawyer can clear doubts and keep the process moving smoothly.