The most important rule: no self-help eviction
You cannot physically remove a tenant, change the locks, cut off electricity or water, or remove their belongings yourself. Doing any of this exposes you to criminal liability under Section 448 IPC (house trespass) and Section 29 of the Maharashtra Rent Control Act. Courts will side with the tenant.
The Supreme Court established this principle clearly in Krishna Ram Mahale v. Shobha Venkat Rao: even after a licence expires, a tenant cannot be dispossessed without due legal process. Section 24 of the Maharashtra Rent Control Act provides the specific pathway for landlords.
The correct process: Section 24 application
For Leave & Licence agreements, the eviction process is significantly faster than a standard civil court eviction.
- Send a formal legal notice to the tenant via registered post (with acknowledgement due) before the agreement expires, reminding them that the licence period ends on a specific date and requesting them to hand over possession.
- If they do not vacate, file an application for eviction before the Competent Authority under Section 24 of the Maharashtra Rent Control Act. In Mumbai, this is typically handled by the Court of Small Causes.
- The Competent Authority conducts a summary hearing — a simplified, faster procedure compared to a regular civil suit. If satisfied that the licence period has expired, the Authority issues an eviction order.
- If the tenant still refuses after the order, execute the decree through the court. Authorities can then enforce physical eviction.
A registered agreement is your single most powerful tool here. Under Section 24, a registered written agreement is conclusive evidence of the licence terms. The tenant cannot contradict the terms of a registered agreement. An unregistered agreement gives the tenant far more room to dispute.
A tenant who overstays after a licence expires is liable to pay double the monthly licence fee as damages for every month they remain — as per Section 24(2) of the Maharashtra Rent Control Act. Make sure your lawyer claims this.
Valid grounds for eviction (Section 16)
Beyond expiry of the licence period, a landlord can also seek eviction on these grounds:
- Non-payment of rent for a continuous period (typically two or more months).
- Subletting the premises without the landlord's written permission.
- Using the residential premises for commercial or illegal purposes.
- Causing nuisance or annoyance to neighbours or other occupants.
- The landlord bona fide requires the premises for their own residence or that of their family.
- The tenant has caused permanent structural damage to the property.
How long does it take?
Under Section 24 (Leave & Licence summary procedure), cases are significantly faster than regular tenancy evictions. However, realistic timelines in Mumbai depend on case complexity and court workload. Summary proceedings can conclude in a few months; contested cases can take longer. Having a registered agreement, complete documentation, and a good lawyer shortens the timeline substantially.
Finding a lawyer
For eviction matters, engage a lawyer registered with the Bar Council of Maharashtra and Goa who specialises in property law or rent control matters. Ask specifically about their experience with Section 24 applications in Mumbai. Costs vary but expect to pay a retainer plus appearance fees. It is money well spent compared to months of lost rent.