How do I evict a tenant in Delhi — which law applies and what is the procedure?

DRCA 1958 applies only where the standard rent is ₹3,500/month or less. This covers pre-liberalisation protected tenancies in lower-income areas. Most current Delhi rentals are well above this threshold and fall under the TPA.

For DRCA tenancies: eviction requires an order from the Rent Controller (Additional Rent Controller, Delhi) on specific statutory grounds.

For TPA tenancies: eviction is by termination notice under Section 106 TPA, followed by a civil suit for possession if the tenant refuses to vacate.

For the minority of tenancies within DRCA's ambit — eviction grounds under Section 14(1): non-payment (2 months' arrears after 15-day notice); subletting without permission; misuse; bona fide personal use by landlord (must prove genuine need + no other suitable accommodation); demolition required for structural repairs or redevelopment with municipal approval.

1. Issue termination notice under Section 106 TPA by registered post AD — minimum 15 days for month-to-month residential tenancy.
2. File a civil suit for recovery of possession at the appropriate civil court (District Court or Small Causes Court) if tenant refuses to vacate after notice.
3. Apply for interim injunction to prevent damage or subletting pending trial.
4. Once court decree is obtained, a bailiff executes eviction — police assistance available if tenant resists.

Timeline: contested possession suits in Delhi take 3–7 years. Mediation (Delhi High Court Mediation and Conciliation Centre) can produce a settlement within 2–4 months.

Unregistered agreements: Cannot be used as primary court evidence. Always register your rent agreement (11-month agreements below ₹50,000 annual rent are technically registrable but widely skipped — this is risky).

Police verification: Delhi Police requires tenant verification at the local PS or online. Skipping this weakens your case in any later proceeding.

No self-help eviction: Changing locks, cutting power, or removing belongings is a criminal offence (BNS Sections 329–330). Police will act against the landlord.

Delhi civil courts for possession suits are document-driven. Assemble these before issuing a termination notice:

Rent agreement: Registered is strongest; notarised 11-month agreements are common but carry evidentiary risk — courts may treat them as secondary evidence. Confirm the agreement specifies tenancy start date, rent amount, due date, and restrictions on subletting.

Payment records: Bank statements showing every rent credit. Avoid accepting cash — if you did, ensure you have signed monthly rent receipts. For rentals above ₹20,000/month, income tax rules require digital payment.

Termination notice: Send by registered AD to the property address and, separately, to the tenant's permanent/home address. Keep both postal receipts and acknowledgement cards. If the AD card returns undelivered, retain the sealed envelope — notice is deemed served under Section 27 of the General Clauses Act, 1897.

Ownership documents: Registry/sale deed, property tax receipt (current year), electricity bill in your name — to establish you as the landlord.

Police verification record: Delhi Police tenant verification form (Form-A from the local police station or online at delhipolice.gov.in). Its absence does not prevent eviction, but its presence strengthens your credibility as a compliant landlord before the court.

Contested TPA possession cases in Delhi are among the most time-consuming in India. Planning accurately avoids false expectations and helps landlords evaluate alternatives.

Court fees: For a suit for possession and recovery of arrears, court fee is ad valorem — approximately 3–5% of one year's rent as the assessed value of the suit. On a ₹40,000/month flat, this is roughly ₹14,400–24,000 in court fees.

Advocate fees: Delhi district court advocates charge ₹1.5–4 lakh total for a contested possession suit; High Court senior counsel on appeal adds ₹1–3 lakh more.

Realistic timelines:

• Uncontested (tenant vacates on notice): 0–2 months.
• Delhi HC Mediation Centre settlement: 2–4 months — even without a pending suit, parties can approach the Centre.
• Contested district court possession suit: 3–7 years; execution of decree adds 6–18 months.
• High Court appeal by tenant: An additional 2–3 years.

Practical tip: For a cooperative tenant who simply cannot find alternative accommodation, covering 1–2 months' advance rent for the new place (as a goodwill payment) in exchange for a signed, notarised vacation undertaking is often faster and cheaper than the cheapest court route. Document the arrangement and register a formal surrender deed.

Parliament passed the Model Tenancy Act, 2021 (MTA) as a template for states to adopt. Delhi had not enacted the MTA as of July 2026; the DRCA 1958 and TPA continue to govern Delhi tenancies.

Key MTA provisions that would change Delhi if adopted:

• Mandatory written tenancy agreement registered with a Rent Authority within 2 months of execution.
• Security deposit capped at 2 months' rent for residential premises (currently no cap in TPA-governed Delhi tenancies).
• Dedicated fast-track Rent Courts (district level) and Rent Tribunals (appellate level) replacing the current civil court process.
• Defined rent revision intervals and maximum permissible increases.
• Landlord's right to reclaim possession within 60 days of agreement expiry without a formal suit in uncontested cases.

Current position for Delhi landlords: Use registered agreements for all new tenancies (not merely notarised 11-month documents); insist on digital rent payments; conduct documented annual inspections. These practices align with what MTA would mandate and put you in the best position regardless of which legal regime applies.