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Q.

Can Landlord Change Lease to Month to Month?

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0 2025-09-15T08:58:21+00:00

As my lease was coming to an end, I began to wonder, can landlord change lease to month to month? In India, a lot of tenants experience this misunderstanding, particularly when landlords seek to change terms or raise rent. In reality, a landlord cannot simply enforce such a change without permission; it is dependent upon how the lease continues after the fixed term expires.

Can My Landlord Change Lease to Month to Month?

  1. A landlord cannot arbitrarily convert a fixed-term lease into a month-to-month arrangement in India. Any change requires the consent of both parties. 

  2. However, Section 116 of the Transfer of Property Act, 1882, states that a tenancy automatically changes into a periodic (month-to-month) tenancy whenever a fixed-term lease expires and the tenant continues to occupy the property with the landlord's consent, by paying rent. 

  3. At this point, the landlord may change conditions, such as rent, but they must give adequate written notice, which is often 15 to 30 days. 

To prevent disagreements, tenants should always demand written documentation.

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