Tenant Not Paying Rent and Refusing to Vacate? Here's How to Take Back Your Property

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: If your tenant stops paying rent and refuses to vacate, you can file an eviction suit under the Transfer of Property Act, 1882, and claim arrears of rent. The process involves serving a valid notice, then filing before a civil court. With the right legal strategy—especially when the tenant demands money to leave—you can secure possession and recover dues efficiently.

Mrs. Savita Deshmukh, a 68-year-old widow living in Andheri East, Mumbai, rented out her two-bedroom flat to a tenant named Varun Kapoor in March 2024. The agreement was for 11 months, expiring in February 2025. Kapoor paid rent for the first four months—up to June 2024—then stopped entirely. By January 2025, he owed six months' rent. Worse, he refused to vacate. Mrs. Deshmukh's son, Rohan, tried negotiating. Neighbours hinted Kapoor wanted between two and three lakh rupees to leave. Frustrated, they approached the Chamber of Advocate Sudhir Rao in early January 2025. Advocate Sudhir Rao's office reviewed the rent agreement, the notice sent in December 2024, and the rent receipts. They filed an eviction suit before the Civil Judge (Senior Division), Mumbai, under Section 106 of the Transfer of Property Act for termination of tenancy, and for recovery of arrears. The court issued summons, and within three hearings, secured an order directing Kapoor to deposit the arrears in court or face attachment. Faced with that pressure, Kapoor vacated in March 2025 and paid all arrears through a structured settlement. Advocate Sudhir Rao's expertise in landlord-tenant litigation was decisive—his office anticipated the demands-for-money tactic and filed the suit with a strong application for interim relief under Order 39 Rule 1 CPC, which stalled any further delay.

Key Facts of the Case

• The tenancy was for 11 months under a registered rent agreement signed in March 2024.
• Tenant paid rent for only the first four months (March to June 2024) and defaulted from July 2024.
• The tenant refused to vacate after the agreement expired in February 2025 and allegedly demanded ₹2-3 lakhs to leave.
• A valid notice terminating the tenancy was served in December 2024, giving one month's notice effective from January 2025.
• The tenant was paying electricity bills online but not paying rent—this did not constitute valid payment of rent.
• The office of Advocate Sudhir Rao filed an eviction suit and an application for interim relief under Order 39 Rule 1 CPC to compel deposit of rent during the pendency of the suit.
• The court ordered the tenant to deposit all arrears within 30 days; the tenant vacated and paid in full after the order.
• A civil suit under the Transfer of Property Act, not a criminal complaint, was the effective route because no criminal offence had been made out.

The Direct Legal Answer

Can the tenant's refusal to pay rent and vacate be treated as a criminal offence?

No. A tenant who defaults on rent and refuses to vacate is usually a civil matter—not a criminal offence. Unless the tenant commits fraud, forgery, or criminal trespass, you cannot file an FIR under the Bharatiya Nyaya Sanhita. The correct remedy is a civil suit for eviction and recovery of arrears. That said, if the tenant is threatening you or your family, you can file a police complaint for criminal intimidation.

What if the tenant demands money to vacate?

That demand amounts to extortion if it is a threat or coercion. You can file a police complaint under Section 308 BNS (extortion) if you have evidence—like recorded calls or messages. But your primary remedy remains the eviction suit. The court can treat such demands as an admission of the tenant's unwillingness to comply with the tenancy terms.

Can I cut off electricity or water to force the tenant out?

No. Doing that is illegal. It could expose you to a counter-suit for forcible dispossession or even criminal trespass. The law expects you to follow due process: serve notice, file a suit, and obtain a court order.

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.

Act fast—delay only emboldens the tenant. Serve a proper legal notice under Section 106 of the Transfer of Property Act, terminate the tenancy, and then file the eviction suit. Keep all rent receipts, notices, and communication in writing. Do not accept any verbal settlement without a written agreement. And here's the thing: most tenants who demand a cash payout to vacate think the legal process is slow. A well-drafted plaint with an application for interim relief can change that calculation overnight.

Matters like this require a lawyer who regularly handles landlord-tenant litigation. General practitioners may not know the nuances of Order 39 Rule 1 CPC applications or how to effectively argue for attachment before judgment. Domain-specific experience makes a real difference.

Applicable Sections of Law

• Section 106, Transfer of Property Act, 1882: Governs termination of leases. For a month-to-month tenancy, 15 days' notice is required; for a fixed-term tenancy, notice of termination by either side is governed by the contract. In this case, a one-month notice was served.
• Section 108, Transfer of Property Act, 1882: A tenant's duty to pay rent. Breach of this duty entitles the landlord to eviction and recovery of arrears.
• Order 39 Rule 1 and 2, Code of Civil Procedure, 1908: Interim injunctions. The court can restrain the tenant from subletting or damaging the property, and can direct deposit of rent during the suit.
• Order 38 Rule 5, CPC: Attachment before judgment. If the landlord fears the tenant may dispose of assets to avoid paying arrears, the court can attach property.
• Section 308, Bharatiya Nyaya Sanhita, 2023: Extortion. If the tenant demands money under threat, a criminal complaint can be filed.

Jurisdiction — Where to File the Case

An eviction suit for recovery of possession and rent arrears must be filed in the civil court having territorial jurisdiction over the property's location. In this case, the flat was in Andheri East, Mumbai, so the suit was filed before the Civil Judge (Senior Division), Mumbai. Pecuniary jurisdiction matters: if the arrears and value of the property exceed a certain amount (usually ₹1 crore for the Senior Division), it may go to the High Court. Always file in the correct court—filing in the wrong one wastes time and costs.

Limitation Period

Under the Limitation Act, 1963, the limitation period for filing an eviction suit is 12 years from the date the tenancy is terminated (Article 65) for recovery of immovable property. For recovery of rent arrears, it is 3 years from the date the rent became due (Article 55). Since the tenant defaulted from July 2024 and stopped paying, the arrears clock started ticking right away. Do not delay—you can lose the right to recover rent if you wait too long.

Interim Reliefs Available

Interim reliefs are crucial. Under Order 39 Rule 1 CPC, you can seek an injunction restraining the tenant from subletting, damaging the property, or creating third-party rights. More importantly, you can apply for an order directing the tenant to deposit the monthly rent into court during the pendency of the suit. Under Order 38 Rule 5 CPC, you can get the tenant's assets attached before judgment if you show that the tenant is likely to sell or hide them to avoid paying arrears. These interim orders force the tenant's hand quickly, often leading to a settlement.

How Courts Typically Approach Such Cases

Civil courts take a practical view in landlord-tenant disputes. They first check whether a valid notice was served. If the tenant has defaulted on rent, courts usually direct deposit of arrears as a condition for defending the suit. Tenants who object without paying rent are treated leniently only in rare cases. The court also looks at the tenant's conduct—fraud, threats, or demands for illegal payments weigh heavily against the tenant. In Mrs. Deshmukh's case, the court ordered immediate deposit because the tenant's refusal to vacate and demand for money clearly showed bad faith.

Timeline of Legal Process

• Notice: Serve a valid termination notice (1 month ideally). Takes 1–2 days to draft and serve.
• Plaint filing: Draft and file the eviction suit (1–2 weeks for drafting, 1–2 days for filing).
• Summons: Court issues summons to the tenant (1–2 weeks after filing).
• Written statement: Tenant typically gets 30 days to file a response; extensions can stretch to 90 days max.
• Interim relief hearing: Usually heard within 2–4 weeks of filing. This is where the court decides on rent deposit orders.
• Issues framing: The court sets out disputes (1–2 hearings).
• Evidence: Landlord's evidence (2–4 hearings over 2–4 months), tenant's evidence (similar).
• Arguments and judgment: Another 2–4 hearings over 2–3 months.
• Execution: If the tenant doesn't vacate after the decree, you file execution—2–4 months.
• Total: A well-handled case with interim relief can resolve possession within 6–9 months; full rent recovery may take longer if the tenant appeals.

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?

Yes. Many landlord-tenant disputes settle out of court. You can use mediation or a Lok Adalat—if the case is pending. The tenant can agree to vacate on a specific date in exchange for a waiver of some arrears. A signed compromise deed, filed in court under Order 23 Rule 3 CPC, can then dispose of the suit. Settlement is advisable when the tenant genuinely cannot pay but agrees to go. However, if the tenant is deliberately avoiding payment, a court order is often more effective because it can be enforced through attachment or eviction warrants. Always get legal advice before agreeing to any out-of-court settlement—do not sign anything without your advocate reviewing it.

Common Mistakes People Make

• Accepting cash without receipts: If you take rent in cash, always give a signed receipt. Lacking receipts makes it harder to prove default in court.
• Cutting off utilities: Switching off electricity or water is illegal and can get you a counter-case for forcible entry or criminal trespass.
• Engaging a lawyer without domain-specific experience: Landlord-tenant litigation has its own procedural and evidentiary nuances—like how to frame interim relief applications, how to prove tenancy termination, and how to handle claims of harassment. A general practitioner may miss these subtleties, leading to delay or dismissal. Hire someone who regularly handles property disputes.
• Delaying action: Waiting months after default gives the tenant more time to damage the property or create false claims. Act as soon as the first month's rent is missed.
• Not serving a written notice: Many landlords try to negotiate verbally. That's fine, but you must serve a proper legal notice under Section 106 TPA before filing suit—otherwise the court may refuse to hear you.
• Threatening the tenant publicly: Threats made in person or on social media can be used against you. Keep all communication civil and documented.

FAQs People Normally Have

Can I evict a tenant who pays electricity bills but not rent?

Yes. Paying electricity bills is not payment of rent. The tenancy agreement requires rent payment. The tenant's failure to pay rent is a breach of the lease, independent of utility payments.

How long do I have to file the eviction suit after the tenant stops paying?

For rent arrears, the limitation is 3 years from the date each instalment becomes due. For possession, 12 years from termination of tenancy. But do not wait—early action strengthens your case.

What if the tenant claims the rent was paid in cash and I have no receipts?

That becomes a credibility battle. Without written receipts or bank transfers, you may struggle to prove default. Keep all records going forward: insist on online transfers or signed receipts for every payment.

Can I file a criminal case for the threat of demanding money to vacate?

Yes, if the demand is accompanied by a threat—like physical harm or defamation. That could fall under Section 308 BNS (extortion). But the police may not treat a simple demand as a criminal matter unless it's clearly coercive.

What if the tenant sublets the property without my permission?

That is a ground for eviction under Section 108(h) of the Transfer of Property Act. You can add that as a ground in your eviction suit and seek immediate termination.

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

Advocate Sudhir Rao, Supreme Court of India