# Owner Not Signing Tenancy Agreement: Your Options

> Owner won't sign the tenancy agreement and is trying to sell the flat? Here's what a tenant can do under Indian law, from rent control to civil court injunctions.

Source: https://sudhirrao.com/insights/owner-not-signing-tenancy-agreement-options  
Author: Sudhir Rao — Advocate, Supreme Court of India  
Category: Property  
Published: 2026-09-21

---

#### One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

**Note:** Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

**TL;DR:** An owner not signing the tenancy agreement does not automatically leave you with no rights. If you have paid rent and security deposit, hold possession, and your term is still running, the owner generally cannot evict you or sell over your head overnight. Move fast: send a written notice and ask a civil court for an order protecting your possession while the dispute is decided.

The deposit left Arjun Mehta's HDFC Bank account on a Tuesday morning in early April 2025, the same day he signed the rent agreement for a two-bedroom flat in Kothrud, Pune. The owner, Suresh Bhandari, was not there. The broker, Ganesh, said Bhandari was travelling and would sign later, and a countersigned copy would reach Arjun by the weekend. It never came.

Arjun moved in, paid the first month's rent, and set up the water connection. Three weeks later, two strangers rang the doorbell with a measuring tape. They were prospective buyers. Bhandari had listed the flat. When Arjun called him, the answer was that the agreement was "a formality" and that he would sign it "soon".

That went on for a month. Every call ended in a promise; every weekend passed without a document. Arjun held a copy signed by himself and the broker, rent receipts, and a bank record of the deposit. What he did not hold was Bhandari's signature. A friend told him to adjust and wait. He approached the Chamber of Advocate Sudhir Rao instead, and the advice was different. A legal notice went out, a civil suit followed, and Advocate Sudhir Rao's familiarity with tenancy and possession matters helped secure an interim order protecting Arjun's occupation of the flat while the case was pending. The proposed sale stalled.

# Key Facts of the Case

- The tenant signed the rent agreement; the owner did not, promising to sign "later".
- Rent and security deposit were paid; the tenant took possession and is still living there.
- The contractual term had not expired when the owner began showing the flat to buyers.
- The tenant's evidence: his signed copy, the broker's signature, rent receipts, and bank transfer records.
- The owner's position: the agreement was never completed, so nothing binds him.
- The civil court's approach: possession and payment matter more than a missing signature at the interim stage.

# What Can You Do if the Owner Is Not Signing the Tenancy Agreement?

Here's the short version: yes, you have options, but they depend on whether you are still in possession and whether you have paid.

#### Is an unsigned tenancy agreement valid?

An agreement signed by you and not by the owner is weak as a written contract, but it is not fatal. A lease can also be inferred from conduct: rent accepted, deposit taken, keys handed over. Under Section 105 of the Transfer of Property Act, 1882, a lease is a transfer of a right to enjoy property for consideration. Acceptance of rent after you moved in is exactly the kind of conduct that points to a tenancy.

#### Can the owner sell the flat while I am living in it?

He can sell his ownership. A buyer steps into the owner's shoes, and your tenancy ordinarily survives the sale if you were in possession and the buyer had notice of it. What the owner cannot do is use a sale to shortcut the lawful process of getting you out.

#### Can I be thrown out without a notice?

No. A monthly tenancy requires notice to quit under Section 106 of the Transfer of Property Act, 1882, and termination must otherwise follow Section 111. Cutting water, changing locks, or sending men to pressure you out is not lawful eviction.

#### What about my security deposit?

It is refundable once you vacate lawfully and dues are settled. Refusal to return it without justification is a recoverable money claim.

# Advice in Such Cases

**Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Put everything in writing early. A dated legal notice from an advocate changes the tone of the conversation and creates a record.

Do not stop paying rent, and do not hand back the keys under pressure. Both moves weaken your position considerably.

Tenancy and possession disputes turn on procedural detail and on how documentary and electronic evidence is placed before the court. Advocates who handle these matters regularly tend to spot those issues early; a general practitioner may not be familiar with them.

# Applicable Sections of Law

This is a civil matter, so the governing law is contract, property and procedural statutes.

- **Indian Contract Act, 1872:** Section 10 (what agreements are contracts), Section 2(h) (definition of contract), and Section 2(a) and 2(b) on proposal and acceptance. Conduct can supply the missing acceptance.
- **Transfer of Property Act, 1882:** Section 105 (lease), Section 106 (notice to quit), Section 107 (leases how made), Section 108 (rights and liabilities of lessor and lessee), Section 111 (determination of lease), Section 116 (holding over).
- **Registration Act, 1908:** Section 17, for leases that require registration.
- **Specific Relief Act, 1963:** Sections 6, 37 and 38.
- State rent legislation, such as the Maharashtra Rent Control Act, 1999, where it applies to the premises.

# Jurisdiction — Where to File the Case

A suit for possession, injunction or recovery of immovable property is filed where the property is situated, under Section 16 of the Code of Civil Procedure, 1908. Pecuniary jurisdiction depends on the value of the suit, so a low-value matter may go before a court of small causes and a larger one before a civil judge or district court. Eviction proceedings under rent control legislation go before the designated rent authority or controller, not a regular civil court. For recovery of a security deposit, the suit can be filed where the defendant resides or where the cause of action arose. Filing in the wrong forum costs months.

# Limitation Period

For a suit arising out of a contract, including recovery of a security deposit or damages for breach, the period is generally three years from the date the right to sue accrues, under Article 113 of the Limitation Act, 1963. For possession based on title, the period is longer. Where a party has been dispossessed without due process, Section 6 of the Specific Relief Act, 1963 requires a suit within six months. Missing limitation is usually fatal to a suit, and Section 5 of the Limitation Act allows condonation of delay only in appeals and applications, not in fresh suits.

# Interim Reliefs Available

Interim relief is where these cases are won or lost in practice.

- Temporary injunction under Order 39 Rules 1 and 2 CPC, read with Sections 37 and 38 of the Specific Relief Act, 1963, restraining the owner from interfering with your possession.
- Status quo orders, which freeze the situation until the suit is heard.
- Appointment of a receiver under Order 40 Rule 1 CPC, in rare cases where property is at risk.
- Attachment before judgment under Order 38 CPC, if there is a real risk the owner will dispose of assets to defeat a money decree.
- Police assistance for protection of possession, where dispossession is threatened.

Move early. Courts weigh the balance of convenience and irreparable injury at the interim stage, and delay weakens both.

# If You Are the Victim

- Preserve every record now: the agreement copy you signed, rent receipts, bank entries, and chats with the owner and broker.
- Send a written notice through an advocate asking the owner to sign and to stop showing the flat to buyers.
- Keep paying rent on time, by bank transfer rather than cash, so the payment trail stays provable.
- Do not vacate or surrender keys under pressure or on a verbal assurance.
- If eviction is threatened, file for an injunction without waiting for the situation to worsen.

# Documents You Must Keep Ready

- Aadhaar and PAN for identification.
- The agreement copy signed by you, plus the broker's signature page.
- Security deposit proof: bank statement, NEFT or UPI record.
- Rent receipts and monthly transfer records.
- WhatsApp messages and emails with the owner and the broker.
- Electricity, water or gas bills in your name at that address.
- Photographs of the flat and screenshots of any sale listing.
- A copy of the notice sent, with proof of dispatch and delivery.

# What Evidence Is Required?

- Primary evidence: the original agreement, original receipts, and bank statements.
- Secondary evidence: photocopies, admissible where originals are with the other side.
- Electronic records: chats, emails and listing screenshots, which need a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 to be relied on.
- Possession evidence: utility bills, delivery records, society records.
- Payment evidence establishing that rent and deposit were accepted.
- Broker's testimony to show the owner knew and consented.
- A local commissioner's report under Order 26 CPC, where the state of the property is disputed.

# How Courts Typically Approach Such Cases

Civil courts look first at possession and payment, not at the signature. Where a tenant is in occupation, has paid rent and deposit, and the term has not expired, courts are slow to allow a summary removal without due process. The owner's title is rarely disputed; the question is whether he followed the law. Judges also weigh conduct, so tenants who stop paying rent or who damage the property tend to lose the sympathy they started with. Expect the court to ask for an undertaking on rent and to test whether the suit is really about possession or about bargaining leverage.

# Timeline of Legal Process

- Legal notice to the owner: allow 15 days for a response.
- Filing of the plaint and injunction application: within days of the notice.
- First hearing and interim order: often within a few weeks, though it varies by court.
- Summons to the defendant and written statement: around 30 to 90 days.
- Framing of issues and evidence: several months to over a year.
- Arguments and judgment: typically one to three years in a contested suit.
- Execution and appeal: additional time if the other side challenges the decree.

Interim protection usually arrives long before the final judgment, which is why the early stage matters most.

# Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

# Can the Matter Be Settled Out of Court?

Often, yes. A written compromise deed recording the exit date, the refund of the deposit and any deduction is the cleanest ending. Section 89 of the Code of Civil Procedure, 1908 allows a court to refer a pending dispute to mediation, conciliation, arbitration or Lok Adalat, and Lok Adalat can also take up pre-litigation matters. For a tenant who simply wants to leave without a fight, mediation is usually faster and cheaper than a decree. Settlement is advisable when the term is nearly over, when the deposit is modest, or when the owner genuinely wants vacant possession and will pay for it. It is not advisable when the owner is refusing to honour a running term and you need the court's protection to stay.

# Common Mistakes People Make

- Waiting months for the owner to sign instead of putting a demand in writing immediately.
- Vacating or returning keys under pressure, which weakens the possession claim.
- Stopping rent payments out of frustration, which gives the owner a counter-argument.
- Negotiating directly with the owner or his buyers without an advocate in the loop.
- Posting details of the dispute on social media, which can later be used against you.
- Engaging an advocate who does not regularly handle tenancy and possession matters. These cases turn on interim strategy, notice drafting and how electronic evidence is certified, and a general practitioner may miss those procedural steps, which slows the matter and weakens the case.

# FAQs People Normally Have

#### Can I stop the owner from selling the flat?

Not the sale itself, but you can protect your occupation. A buyer usually takes the property subject to a tenant in possession, and a court can restrain interference with your possession while the dispute is pending.

#### Is the agreement valid if only I signed it?

It is not a completed written contract, but accepted rent and your possession can establish a tenancy on conduct.

#### Can I be evicted for refusing to leave?

Only through lawful process, after valid notice and, where applicable, an order from the competent authority or court.

#### What if my deposit is not returned?

You can file a suit for recovery, or raise it as a counterclaim if the owner sues you. Keep the bank record safe.

#### Do I need a registered agreement?

A lease for more than one year requires registration under the Registration Act, 1908. An unregistered short-term lease still governs the parties' conduct.

*This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.*

*Advocate Sudhir Rao, Supreme Court of India*

---

_This is the AI-readable Markdown version of an article published by the Chambers of Sudhir Rao. It is general legal information, not legal advice. Canonical page: https://sudhirrao.com/insights/owner-not-signing-tenancy-agreement-options_