Tenant Eviction & Rent Recovery

A non-paying tenant, a tenant who refuses to vacate after the lease ends, a tenant occupying without a registered agreement, a tenant who has stopped paying maintenance for years — every Indian landlord has been there. The frustrating reality is that doing the wrong thing (cutting electricity, locking the unit, sending goons) makes you the criminal under Section 22 of the Specific Relief Act and Section 351 BNS (the new criminal code). The only path that actually returns possession and money is the legal one — and in 2026 it is meaningfully faster than it used to be.

The framework has shifted. The Model Tenancy Act, 2021 has been adopted (with State variations) by an expanding set of States including Andhra Pradesh, Tamil Nadu, Uttar Pradesh, Assam and several UTs — replacing the old draconian rent-control regime with a balanced one: Rent Authority for fast disposal, written agreement compulsory, fixed timelines, double / quadruple rent for hold-over tenants, and possession on grounds the law actually recognises. Where the State has not adopted the MTA, older rent-control acts continue, plus the Civil Procedure Code, the Specific Relief Act, and (for cheque dishonour of rent) Section 138 of the NI Act.

We file, prosecute and execute — until possession is back in your hands and arrears are recovered.

Grounds on Which a Tenant Can Be Lawfully Evicted

• Non-payment of Rent / Maintenance:: Two consecutive months under MTA; longer / shorter under State rent-control. Notice + suit + possession.

• Lease Expiry & Holdover:: Section 106 Transfer of Property Act notice; possession suit; double rent (MTA) or twice the rent for hold-over (Section 7(3) MTA / equivalent State law).

• Personal & Bona Fide Need:: Landlord or family member needs the premises; recognised under most rent-control acts and the MTA — supported by affidavit.

• Misuse / Sub-letting:: Commercial use of residential premises, unauthorised sub-letting, structural alterations without consent.

• Damage to Property:: Material damage beyond normal wear and tear — supported by photos, video, inspection report.

• Nuisance / Anti-Social Conduct:: Repeated complaints from neighbours, criminal activity on premises.

• Reconstruction / Demolition:: Premises required for genuine reconstruction or repair under sanctioned plan.

How Recovery Actually Works in 2026

Recovery is rarely a single suit. It is typically a coordinated set: a possession suit, a separate money suit (or combined under MTA), a Section 138 NI Act case if rent cheques have bounced, a security-deposit dispute, and frequently a counter-claim for repairs / damage to be defended. We run all of these from a single file so the strategy is consistent and execution is fast.