Know your rights || Tenant and Property owner || The law || MJ Sir

Are you a landlord struggling with a tenant who is not paying rent and refusing to vacate your property?
This is a common yet frustrating legal issue many property owners face across India. Fortunately, Indian law provides strong legal remedies for landlords to protect their rights.

In this article, MJ Sir from VidhikShiksha.com breaks down the step-by-step legal process you can follow to regain possession of your property and recover unpaid rent.

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Common Legal Problem: Non-Payment of Rent + Illegal Occupation

Many landlords face two major issues:
1. Tenant is not paying rent for months
2. Tenant is refusing to vacate even after multiple requests or legal notices

This is not just a breach of contract but a potential civil wrong and, in some cases, criminal trespass.

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Legal Remedies for Landlords in India

1. Send a Legal Notice

Under Section 106 of the Transfer of Property Act, 1882, you can serve a legal notice to your tenant:
• Demand payment of pending rent
• Ask them to vacate the premises within 15 to 30 days
• Clearly mention the breach of the rent agreement

Tip: Use a lawyer to draft a well-worded notice with mention of rent default and consequences under law.

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2. File an Eviction Suit in the Civil Court

If the tenant still refuses to vacate, you can file an Eviction Petition under the applicable Rent Control Act of your state (e.g., Delhi Rent Control Act, Maharashtra Rent Act, etc.)

Grounds for eviction include:
• Non-payment of rent
• Violation of tenancy terms
• Illegal subletting
• Personal requirement of landlord

Once you obtain a decree of eviction from the court, the tenant can be legally removed by court bailiff or police.

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3. File for Recovery of Rent Arrears

Under Order 37 of Civil Procedure Code (CPC) (summary suits), you can file for:
• Recovery of unpaid rent
• Interest on delayed payment
• Damages for illegal occupation

This is a fast-track legal remedy and works effectively when rent arrears are provable by written agreement.

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4. Approach Police (In Case of Threat or Forceful Occupation)

If the tenant is being abusive, threatening, or attempting to forcibly hold the property without any legal basis, you can:
• File a complaint under Section 441 of IPC (Criminal Trespass)
• Approach local police station for protection
• File for injunction in the civil court

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5. File for Mesne Profits (Illegal Occupation Compensation)

If the tenant stays even after termination of tenancy, you are entitled to claim Mesne Profits – which is compensation for illegal stay beyond tenancy.
• This is calculated based on market rent rates + damages
• File under Section 2(12) of CPC

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Precautions Every Landlord Should Take
• Always sign a registered rent agreement mentioning rent, deposit, notice period, and eviction terms
• Take police verification of tenant
• Maintain receipts of rent payments
• Avoid oral tenancy agreements

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Real Life Case Example

In K.K. Verma v. Union of India, the Delhi High Court held that a tenant who does not pay rent and continues to occupy property is liable not only for eviction, but also compensation for unlawful possession.


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