Whether a landlord can recover possession, and how, depends on the nature of the occupation and on whether rent-control legislation applies to the premises. A tenancy, a leave and licence, and an occupation without any right are each treated differently.
We act for landlords seeking possession and for tenants defending eviction proceedings.
What this covers
- Notices terminating tenancy
- Eviction suits and recovery of possession
- Recovery of rent arrears and mesne profits
- Leave and licence disputes
- Defence of tenants
- Drafting rent and leave and licence agreements
How the process generally works
- Identify the relationship
We determine whether the occupant is a tenant, licensee or trespasser, and which law governs the premises.
- Notice
A valid notice is usually required before a suit is filed.
- Suit and evidence
The landlord must establish a ground for eviction recognised by the applicable law.
Relevant law
- Transfer of Property Act, 1882, section 106
- Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, as applicable in Gujarat, where it covers the premises
- Code of Civil Procedure, 1908
Common questions
Can a landlord change the locks to remove a tenant?
No. A tenant can generally be removed only through due process of law. Self-help eviction can expose the landlord to civil and criminal proceedings.