In short: a landlord cannot evict by force, cutting power or water, or changing locks. Send a written notice to quit, and if the tenant does not leave, file for eviction on a ground allowed by your state's rent law, such as non-payment of rent, personal need, subletting or damage. A clear written rent agreement, registered where the law requires, makes eviction much faster.
Rent agreements
- A lease of a year or more must be registered under the Registration Act; many people use 11-month agreements for this reason, but registration still gives better protection.
- Record the rent, deposit, increase, period, notice period, and who pays maintenance and repairs.
- Keep rent receipts and bank records, and do tenant police verification where the state requires it.
Which law applies
Tenancies are governed by state rent laws (in West Bengal, the West Bengal Premises Tenancy Act, 1997, for Kolkata and other covered areas), and otherwise by the Transfer of Property Act. Several states have adopted laws based on the Model Tenancy Act, 2021, with rent authorities and faster timelines. The grounds and procedure depend on which law applies, so check this first.
Eviction step by step
- Notice to quit by registered post and email, giving the period required by the agreement or law (15 days for a monthly tenancy under the Transfer of Property Act).
- Eviction suit or application before the civil court or rent authority, on a ground allowed by law, with a claim for arrears and occupation charges.
- Deposit of rent: under many rent laws, a tenant who does not deposit rent during the case can lose the right to defend.
- Execution of the decree with the court bailiff and police help if needed.
Questions people ask
How can I evict a tenant who is not paying rent?
Send a written demand and notice to quit, then file for eviction and arrears before the civil court or rent authority under your state's law.
Can a landlord evict a tenant without a court order?
No. Forcible eviction, cutting utilities or changing locks is unlawful. A court or rent authority order is needed.
How long does eviction take in India?
From several months to a few years, depending on the state law and the court. Registered agreements, Model Tenancy Act regimes and the rent-deposit rules shorten it.
Is an 11-month rent agreement valid?
Yes, but it gives weaker proof than a registered lease, and eviction still needs due process if the tenant stays on.
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.