What can I do if my tenant is not paying rent? How do I get them evicted?

Rent and eviction are state subjects under the Constitution — each state has its own Rent Control Act, and the procedural law you must follow depends on where the property is located. Examples:

(1) Maharashtra — Maharashtra Rent Control Act, 1999;
(2) Delhi — Delhi Rent Control Act, 1958;
(3) Karnataka — Karnataka Rent Act, 1999;
(4) Tamil Nadu — Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017.

The Centre has circulated the Model Tenancy Act, 2021 as a reform template, but it only applies in states that have adopted it (Andhra Pradesh, Tamil Nadu, U.P. and a few others). For commercial premises, the Transfer of Property Act, 1882 applies.

Most state Rent Control Acts allow eviction for default in payment of rent for two consecutive months (in some states, more). The relevant questions:

(1) Has the tenant paid rent within the contractual due date? If the agreement allows a 7-day grace period, default begins after that.
(2) Was a demand notice served? Most state Acts require a written demand before a court can entertain an eviction petition.
(3) Has the tenant paid arrears after the notice? Many state Acts give the tenant a 'right to redeem' by paying arrears with interest and costs within the time fixed by the court.

Other grounds beyond non-payment include: bona fide need of the landlord for own use, subletting without consent, unauthorised structural changes, nuisance, and use for an unlawful purpose.

Step 1 — Review the agreement. Check the rent clause, due date, notice period and arbitration clause.

Step 2 — Send a legal demand notice via registered post and email through a lawyer, giving 15-30 days to clear arrears. The notice must be specific about the period of default and amount due.

Step 3 — File an eviction petition before the Rent Controller (under the state Rent Act) or the Civil Court — under the Model Tenancy Act, the route is the Rent Authority and then the Rent Tribunal.

Step 4 — File a recovery suit for arrears in parallel — a Summary Suit under Order 37 CPC enables fast recovery if the tenancy agreement is written.

Step 5 — Once the decree is obtained, file an execution petition. The court bailiff carries out physical eviction.

Step 6 — Engage a reputable, specialised property/civil lawyer. See our real estate lawyer guide.

Even if rent has been unpaid for years, you cannot legally remove a tenant by force. Three reasons:

(1) Section 6 of the Specific Relief Act, 1963 entitles a person dispossessed without due course of law to be restored to possession, irrespective of title. The court doesn't even ask whether the landlord had the right to evict — only whether due process was followed.

(2) Criminal liability. Cutting electricity/water, changing locks, or removing belongings can attract BNS charges — criminal trespass (Section 329), mischief (Section 324), and wrongful restraint (Section 126).

(3) Damages. The tenant can sue for harassment, mental agony and consequential losses.

See our companion guide on why you cannot throw out a tenant.

Typical timeline — 1 to 3 years for a contested eviction, faster (6-12 months) in states that have adopted the Model Tenancy Act with its tribunal-based fast-track.

Cost components:
(1) Lawyer's fees — typically ₹15,000-₹50,000 for drafting and ₹5,000-₹15,000 per hearing in metros;
(2) Court fees — nominal, usually under ₹1,000;
(3) Process fees, witness expenses, photocopying — ₹5,000-₹15,000 over the case;
(4) Cost of opportunity — the tenant continues occupying while paying nothing.

Faster alternatives if the agreement supports them:
- Arbitration clause — disputes can be resolved by an arbitrator in 6-12 months;
- Summary Suit (Order 37 CPC) for recovery of arrears alone — decree in 4-9 months if the tenancy is in writing.