Tenant Refuses to Vacate Property After Rent Agreement Expires: What Landlords Can Do

Landlord Rights: If a tenant refuses to vacate the property even after the rent agreement expires, the landlord can send a legal notice. They can also take other actions. Know your rights.

Recently, a shocking incident came to light in Ghaziabad, where a tenant who hadn't paid rent for eight months murdered his female landlord. The reason was that the landlord had demanded the outstanding rent. This incident has instilled fear in people's minds.

Landlords need to be cautious about tenants after the rent agreement expires. If an 11-month rent agreement has ended and the tenant is still not vacating the property, the law may consider them an unauthorized occupant.

In such a situation, the landlord has legal rights. The first and safest legal step is to send a legal notice through a lawyer. The notice should clearly state that the agreement period has ended and the property must be vacated within 15 to 30 days.

Along with this, compensation or outstanding rent can also be demanded. Often, the matter is resolved with just a notice. If you have continued to accept rent even after the agreement has ended, the law may consider it a month-to-month tenancy. In this situation, Section 106 of the Transfer of Property Act applies.

Under this section, it is necessary to give a 15-day written notice to vacate the property; otherwise, the case may weaken. If the agreement has ended and no rent is being accepted, the tenant's position becomes quite weak. Their occupancy can be considered completely illegal.

Then the landlord can file an eviction case in the civil court. In many cases, the court gives a decision in one or two hearings, which is often in favor of the landlord. The police do not take direct action simply for not vacating the property.

However, if the tenant threatens, forcibly occupies the property, or the agreement turns out to be fraudulent, the matter can become a criminal case. A complaint of criminal trespass can be filed under Section 329(1) or 329(3) of the BNS, on which the police take action.