How do I evict a non-paying or problem tenant in Karnataka under the Rent Act?
Updated · 26 July 2026
Tenant eviction in Karnataka is governed by the Karnataka Rent Act, 1999 for premises where monthly rent does not exceed ₹3,500/month. Above that threshold, the Transfer of Property Act, 1882 applies. Most modern Bengaluru rentals fall under TPA. Eviction under TPA requires a legal notice + civil suit; eviction under the Rent Act goes through the Rent Controller.
Which law applies — Karnataka Rent Act or TPA?
Karnataka Rent Act 1999 applies if: (a) the premises are in an urban local body area AND (b) the rent was ₹3,500/month or less at tenancy creation. Most new Bengaluru rentals exceed this, falling under TPA.
Older regulated tenancies — in heritage areas of Bengaluru (Basavanagudi, Malleswaram, old Jayanagar constructions) and secondary Karnataka cities — often remain within the Act's ambit. For these, eviction requires Rent Controller approval.
Leave and licence: Karnataka law recognises the distinction — a licensee can be evicted by civil summary suit on licence expiry without going to the Rent Controller.
Older regulated tenancies — in heritage areas of Bengaluru (Basavanagudi, Malleswaram, old Jayanagar constructions) and secondary Karnataka cities — often remain within the Act's ambit. For these, eviction requires Rent Controller approval.
Leave and licence: Karnataka law recognises the distinction — a licensee can be evicted by civil summary suit on licence expiry without going to the Rent Controller.
Grounds for eviction under Karnataka Rent Act 1999
Section 27 grounds: non-payment of rent (two or more consecutive months, after demand notice — tenant can cure by depositing arrears at first hearing); subletting without written consent; misuse or nuisance; landlord's bona fide personal use (no other suitable accommodation in same town); material alteration or damage; demolition and reconstruction with valid building permits.
Step-by-step eviction under the Karnataka Rent Act
1. Send registered AD notice specifying breach and demanding compliance within 30 days.
2. File eviction petition at the City Civil Court (Bengaluru) or Munsiff's Court (other cities) designated as Rent Controller.
3. Rent Controller issues notice to tenant; tenant files written statement.
4. Evidence and hearing; Rent Controller delivers order.
5. Eviction order issued with vacate timeline (typically 30–90 days).
6. Court bailiff executes if tenant does not comply.
2. File eviction petition at the City Civil Court (Bengaluru) or Munsiff's Court (other cities) designated as Rent Controller.
3. Rent Controller issues notice to tenant; tenant files written statement.
4. Evidence and hearing; Rent Controller delivers order.
5. Eviction order issued with vacate timeline (typically 30–90 days).
6. Court bailiff executes if tenant does not comply.
TPA procedure for above-threshold Bengaluru rentals
1. Issue termination notice under TPA Section 106 — 15 days for monthly tenancy; wait for fixed-term expiry before serving notice.
2. File civil suit for recovery of possession at the City Civil Court, Bengaluru (or appropriate court by value).
3. Apply for interim injunction to prevent damage or subletting.
4. Decree and bailiff execution; police requisitioned if resistance anticipated.
Bengaluru Mediation Centre (affiliated with the High Court) can often produce a negotiated settlement within 2–4 months — typically faster than a litigated outcome.
2. File civil suit for recovery of possession at the City Civil Court, Bengaluru (or appropriate court by value).
3. Apply for interim injunction to prevent damage or subletting.
4. Decree and bailiff execution; police requisitioned if resistance anticipated.
Bengaluru Mediation Centre (affiliated with the High Court) can often produce a negotiated settlement within 2–4 months — typically faster than a litigated outcome.
Reference Citation: Karnataka Rent Act, 1999 (Section 27); Transfer of Property Act, 1882 (Section 106); Bharatiya Nyaya Sanhita, 2023
Disclaimer: Content provided here is for general legal knowledge only and does not constitute formal legal advice. If you have an urgent or specific matter, please consult a registered advocate.