Tenant Not Vacating in Gurugram? Landlord's Legal Options

If a tenant refuses to leave your house or shop in Gurugram, you can get possession back only through a legal process: an eviction petition before the Rent Controller under the Haryana Urban (Control of Rent and Eviction) Act, 1973, or a civil suit for possession after terminating the tenancy. Changing locks, cutting electricity or removing belongings yourself is not a lawful shortcut.

Which law applies to my tenant: the Rent Act or a civil suit?

It mainly depends on how old the building is. The Haryana Rent Act covers urban areas such as Gurugram, but Section 1(3) says it does not apply to a building for ten years from the date its construction was completed.

That gives two routes:

Courts have held that where the Rent Act applies, eviction must go through it, and a civil court cannot be used instead. So check the completion or occupation date of the building first.

On what grounds can a tenant be evicted under the Haryana Rent Act?

Only on the grounds in Section 13. The Rent Controller must be satisfied about at least one of them.

• Non-payment of rent: rent not paid or tendered within 15 days of the due date (or, if there is no agreed date, by the end of the following month).
• Subletting or transfer of the whole or part of the premises without the landlord's written consent, or use for a different purpose.
• Damage: acts that materially reduce the value or usefulness of the building.
• Nuisance to occupants of the same or neighbouring buildings.
• Not occupying the premises for four continuous months without reasonable cause.
• Landlord's own genuine need (bona fide requirement), for example a residential building needed for the landlord's own occupation when he owns no other residential building in that urban area, or an unsafe building needing work.

Note one important protection for tenants: in a non-payment case, if the tenant pays or tenders all arrears with 8% yearly interest and the costs fixed by the Controller within 15 days of the first hearing, the rent is treated as paid and eviction on that ground fails.

What if the building is less than 10 years old?

Then the Rent Act does not apply, and the tenancy is governed by the rent agreement and the Transfer of Property Act. You end the tenancy and then sue for possession.

1. Check the rent agreement: its period, lock-in, notice clause and whether it is registered.
2. Send a notice terminating the tenancy. For a month-to-month residential tenancy, Section 106 of the Transfer of Property Act requires 15 days' notice; a year-to-year lease for agricultural or manufacturing purposes needs six months. If the agreement has simply expired, a notice demanding possession is still sensible. See our page on legal notices.
3. File a suit for possession in the civil court once the notice period has run out, together with arrears of rent and mesne profits.
4. Ask for interim orders where needed, for example an order that the tenant must not part with possession or sublet while the case is pending, or a direction to deposit rent.
5. Seek an early decree on admissions if the tenant admits the tenancy and your ownership in the written statement; the court can pass judgment on admitted facts under Order XII Rule 6 CPC.
6. Execute the decree if the tenant still does not leave, through the executing court, which can issue a warrant of possession.

How does the Rent Controller process work, step by step?

1. File an eviction petition before the Rent Controller with the ground(s), rent details and documents.
2. The tenant is served notice and files a reply.
3. In non-payment cases, the first hearing is when the tenant can tender arrears with interest and costs.
4. Both sides lead evidence, then arguments are heard.
5. If the Controller orders eviction, the tenant is usually given a reasonable time to vacate.
6. Either side may appeal within 30 days to the Appellate Authority; a further revision lies to the Punjab and Haryana High Court at Chandigarh.
7. The eviction order is executed through the civil court as if it were its own decree (Section 18).

How long does it take to evict a tenant in Gurugram?

There is no fixed time. An uncontested case can be over in a few months; a contested one with evidence and appeals can take one to several years. What usually speeds things up is a clean paper trail: a written agreement, rent records and a properly served notice.

What documents does a landlord need?

• Proof of ownership (sale deed, conveyance deed, allotment letter or mutation record).
• The rent or lease agreement, registered if possible.
• Rent receipts, bank statements or UPI records showing payments and default.
• The termination notice with postal or courier proof of delivery.
• Proof of the building's completion or occupation date (to decide which law applies).
• Tenant police verification record and ID copies, if made.
• Photos or evidence of subletting, damage or nuisance, if that is the ground.

Can I lock the house, cut electricity or call the police?

No, not to force the tenant out. Under Section 10 of the Haryana Rent Act a landlord must not cut off or withhold amenities without just cause, and the Controller can order them restored. Self-help can also lead to criminal complaints against the landlord. Police generally treat an overstaying tenant as a civil dispute. Police help is appropriate if there is actual violence, threats or damage, and later when a court order of possession is being executed.

What can a tenant do in such a case?

A tenant facing eviction can contest the ground claimed, tender rent at the first hearing in a non-payment case, and, if the landlord refuses rent, apply to the Controller under Section 6A for leave to deposit it there. This is why landlords should keep careful records of every payment and refusal.

If the dispute is with someone who is not a tenant at all, such as a relative or an encroacher occupying your property, other remedies apply; see our guide on getting an urgent stay when someone builds on or sells your property, and the overview on property disputes in Gurugram. If the tenant files the case first and you are served, read what to do after civil court summons.

Frequently asked questions

Tenant not paying rent and not vacating: what to do?

Keep proof of the default, send a written demand or termination notice, and file either an eviction petition before the Rent Controller (older buildings) or a civil suit for possession with arrears and mesne profits (newer buildings). Do not lock out the tenant or cut supplies.

How many days' notice to vacate does a tenant get?

For a month-to-month tenancy under Section 106 of the Transfer of Property Act, 15 days' notice is required. The rent agreement may provide a longer period. Under the Haryana Rent Act route, the Controller gives the tenant reasonable time to vacate after an eviction order.

Does the Haryana Rent Act apply to new flats in Gurugram?

Not for the first ten years after the building's construction is completed, under Section 1(3) of the Act. For such buildings, eviction is through a civil suit after the tenancy ends.

Can a tenant be evicted without a rent agreement?

Yes. An oral or unregistered tenancy is treated as month-to-month in most cases, so it can be ended by notice and followed by a suit or petition. Rent receipts and bank records then become the key evidence of the tenancy.

Can I get eviction for my own use?

Under the Haryana Rent Act, yes, if your need is genuine (bona fide) and the conditions in Section 13(3) are met, such as not owning another residential building in that urban area. If you do not occupy the premises within the time set, the tenant can seek to be put back.

Can the police evict a tenant?

No. Police cannot decide tenancy disputes. They may assist when a court's order of possession is being executed or if there is violence or criminal damage.

What is mesne profits?

It is compensation for the period a person stays in your property without right after the tenancy has ended, usually claimed at market rent. It is claimed in the civil suit for possession.