Landlord–Tenant and Eviction
Eviction, rent recovery and tenancy disputes under State rent laws and the Transfer of Property Act.
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What this case type involves
Tenancies are governed by State rent control legislation (for example the Delhi Rent Control Act 1958, the Maharashtra Rent Control Act 1999, and the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act 2017) where the premises fall within their coverage, and otherwise by the Transfer of Property Act 1882. Eviction grounds typically include non-payment of rent, subletting, bona fide requirement of the landlord, and unauthorised construction. Where rent laws do not apply, a landlord terminates the lease by notice and sues for possession.
Key legal provisions
Provisions are quoted by section and Act. The notes paraphrase their effect; always read the current text of the statute before relying on it.
‘Section 106, Transfer of Property Act 1882’
notice to terminate a monthly tenancy — fifteen days' notice expiring with the end of a tenancy month.
‘Section 108, Transfer of Property Act 1882’
rights and liabilities of lessor and lessee.
‘Section 14, Delhi Rent Control Act 1958’
grounds on which a Rent Controller may order eviction (illustrative of State rent laws).
‘Section 116, Transfer of Property Act 1882’
holding over — tenant continuing with the landlord's consent becomes a monthly tenant.
Filing procedure, step by step
- 1Serve a valid termination notice or a rent-demand notice as required by the applicable law.
- 2File the eviction petition before the Rent Controller or the suit before the civil court.
- 3Seek deposit of arrears and current rent pending the case (most rent laws provide for it).
- 4Appeal to the Rent Control Tribunal or High Court as the State Act provides.
Limitation periods
- Suit for possession after termination of tenancy: 12 years from termination (Article 67, Limitation Act 1963).
- Recovery of arrears of rent: 3 years (Article 52).
Limitation is computed under the Limitation Act 1963 and the specific statute; the time taken to obtain certified copies is generally excluded. Verify the applicable period with counsel before filing.
Documents you will need
- Lease deed or rent agreement
- Rent receipts and bank records
- Termination or demand notice with proof of service
- Ownership documents of the landlord
Practical tips for litigants
- Defective notice is the most common reason eviction cases fail — check the tenancy month and mode of service.
- Tenants should deposit rent in court or tender it formally when the landlord refuses to accept it.
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