• Eviction of tenant

I am the landlord of a property in Bangalore. I had entered into a 3-year rental agreement (on ₹500 stamp paper, not registered or notarized) with the tenant. The 3-year tenure is coming to an end in the next 3 months. The agreement mentions that it can be renewed thereafter with a 10% rent hike each year.

However, during the tenancy:

There have been repeated delays and short payments of rent ( some outstanding amounts still pending).

Water bills have not been paid for the past year despite multiple reminders. 

The tenant has also become unresponsive to calls and requests for discussions.

I have issued an email notice asking the tenant to vacate and clear dues.

My questions are:

1. Given the unregistered agreement, can I still initiate legal notice and eviction proceedings based on ownership and misuse?

2. Can the tenant stop paying rent if she files a during proceeding?

4. Does the renewal clause hold any validity without a registered document? The exact words in the agreement are "The rental amount will be increased every year by 10% after 3 years" . Can there be such infinite term without an end date ? The tenent is citing this clause and stating they can continue infinitely with just rent increase of 10%

Kindly advise.
Asked 8 months ago in Property Law
Religion: Hindu

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7 Answers

1. As the tenure of the current rental agreement is coming to an end in three months, you can issue a legal notice to the tenant to vacate the premises right on the next day after the expiration of the rental agreement. You can mention the reasons that due to his bad attitude on many occasions you are not willing to renew the rental agreement anymore and inform him strictly to vacate immediately on expiration of current rental agreement.

2. We cannot predict what the tenant will do if she's filing a case against you but you can always demand the monthly rental amount in your reply to her case.

3. The unregistered rental agreement is not enforceable in law besides the renewal is the discretion of the landlord.

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

1. Yes you can still evict him. You can register your agreement with penalty 

2. you can direct the court or authority to direct tenant to pay rent during pendency of proceedings 

3. you can also evict the tenant before the expiry of agreement too

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

You can on basis of in registered agreement take eviction proceedings 

 

2) tenant is liable to pay rent arrears till he delivers possession 

 

3) if tenant has failed to pay rents on time you can evict him .

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

  1. Unregistered agreement:
    You can still issue a legal notice and evict the tenant based on ownership and breach (pending rent, water bills, unresponsiveness).

  2. Tenant can't stop paying rent:
    Even if the tenant files a case, they must continue paying rent. Court can order them to deposit dues.

  3. Renewal clause invalid:
    The "10% increase" clause does not create infinite tenancy. After 3 years, the tenant is month-to-month, and you can terminate with notice.

What you should do:

  • Send formal legal notice via a lawyer (not just email).

  • Demand dues and vacant possession within 15-30 days.

  • File eviction suit if the tenant refuses.


Shubham Goyal
Advocate, Delhi
2113 Answers
16 Consultations

1. As per law, if the tenancy period is more than 11 months then the registration of the rent agreement is mandatory 

- However, as there a contract between you and the said tenant by way of that unregistered agreement, then also you can evict him 

2. The tenant is under obligation to pay the rent , and you can claim the arrears with the eviction on this ground. 

3. Since, this agreement was only for 3 years , then you can enter into a fresh rent agreement with him. The tanant cannot take any plea if he is not paying the rent regularly. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

1. Yes, you may still serve a legal notice on the tenant and initiate eviction proceedings, in consultation with a competent lawyer.

2. No need to assume anything at this stage. 

3. Once the original agreement ends, renewal cannot be automatic with a 10% increase in rent. It shall be on mutually agreed terms only.

 

 

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

Dear Client,

Yes, even if there is an unregistered agreement, you may serve legal notice and eviction proceedings as an owner on grounds of misuse of possession, non-payment of rent, and term expiry.

The tenant cannot legally withhold rent during proceedings; withholding rent may invalidate their case and further consolidate grounds for eviction.

The renewal clause does not mean automatic or perpetual extension. Without a registered agreement and explicit renewal terms, it is not enforceable beyond the initial 3-year period. A clause saying "rent will rise annually by 10% after 3 years" does not establish perpetual tenancy.

 

Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.

 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

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