What if Tenant Refuses to Leave?

Being a landlord is a tough job and becomes critical when a tenant refuses to leave. I have gone through this experience and at that time I didn't even know what if tenant refuses to leave after lease expires. The lease agreement of one of our tenants expired on January 21, 2022, but he was not vacating the property. He was neither ready to leave the property nor was he ready to pay the rent anymore. Things became very difficult then, so we sought a legal expert’s advice. Let me share what happens if a tenant refuses to leave and how to deal with it.

Here is what you must do to help a tenant vacate the property-

Things usually get sorted out after negotiation. Try to discuss the matter with the tenant and ask him/her why he is not leaving. Give the tenant some time to vacate the property.

Draft and send the tenant a legal notice and ask him/her to leave the property after 15 days.

If a tenant refuses to leave your property even after getting the legal notice, go for an eviction procedure after seeking a legal expert’s help. Your reasons need to be valid, and the expiration of the lease agreement is surely one of them.

These should be enough to answer the query- what can I do if tenant refuses to leave.

As a landlord never

• Change the lock of your property when the tenant has not left

• Do not cut off essential supplies like water, electricity and more

• Do not indulge in physical or even verbal fights

Before vacating a rented house, a tenant can live there for a maximum of 15 days. So even if the lease agreement expires, let the tenant live there for two weeks before you take any action. 

I hope this answer has already helped you know what if tenant refuses to leave.

Hello, Heena. Recently, I faced a similar scenario when my tenant refused to vacate after the lease expired. I thus sought advice from my friend who is a lawyer and asked him what to do if my tenant not leaving after lease ends. He said a landlord in India has multiple options for evicting a tenant. Those are as follows:

• First, he advised me to look for clauses on default and agreement termination in the rental agreement. So, I got my

  rental agreement verification

  done by lawyers at NoBroker. 

• Then, he asked to have a conversation with your tenant clearly and come to a mutually agreeable solution. Sometimes a tenant's refusal to vacate is due to their inability to find other accommodation or their financial situation.

• Return the security deposit if at all possible, or help the tenant locate other accommodation. 

• If still, your tenant does not want to leave, take legal help and send a legal notice under section 106 of the Transfer of Property Act. 

• Finally, file a petition for eviction in the district court after the lease has expired.

You can take legal assistance from NoBroker if your tenant does not want to move out even if the agreement expired.