Tenant staying after lease expiry? When landlords can evict with just 15 days’ notice

In India, there are multiple court cases involving landlords trying to evict tenants or tenants claiming they own the rented place, along with landlords proving they really need the property and other issues.

One notable case involved the Odisha High Court, where a tenant came out on top because the landlord only gave them 7-days notice instead of the required 15 days as per Section 106 of the Transfer of Property Act. After the original rent agreement ended, no new one was signed, which turned it into a month-to-month tenancy, making the Transfer of Property Act applicable in this case.

Back on November 22, 2024, the Odisha High Court had ruled that according to Section 106 of the Transfer of Property Act, landlords need to give 15 days eviction notice. Since the landlord only gave 7-day notice,the court rejected the landlord’s eviction case against the tenants.


Shashank Agarwal, Founder, Legum Solis, said to ET Wealth Online: “In cases of unwritten rent agreement, or month-to-month tenancies, until a proper notice of 15 days is issued to the tenant, the tenant cannot be evicted.”

Harsh Parikh, Partner at Khaitan & Co, explains that if the landlord has signed a lease agreement with the tenant then the landlord has to follow the provisions of the Lease Agreement in relation to eviction and notice period provided under the agreement.

Parikh says: “If after issuing notices, the tenant does not vacate, then the landlord has to approach the court for eviction.”

To wrap it up, for month-to-month rentals, tenants can be evicted with 15 days notice, and for rent agreements cases, the eviction notice has to follow what is specified in the agreement.

Also read: Tenants sold property bought from landlord’s wife on the basis of a Will, son raised disputes against Will; Delhi HC stays property sale till final trial

So, what exactly is a month-to-month tenancy where tenancy can be ended with 15-day notice?

According to Parikh a month-to-month tenancy happens when there’s no formal agreement between parties or when a lease agreement doesn’r mention a clear tenure or term.

Parikh, said to ET Wealth Online that for month-to-month tenants without a lease, they can be given a 15-day eviction notice according to the rules of the Transfer of Property Act.

Parikh explains the rationale: “A month-to-month tenancy can be terminated by giving a 15-day notice. Hence Section 111(a) does not apply because that Section deals with a case where the term provided under an agreement has expired. Whereas in a month-to-month tenancy, there is no term agreed upon between landlord and tenant.”

Also read: Tenant can’t tell landlord which property to use: Supreme Court restores eviction order

What had happened in that tenant eviction case in Odisha HC?

The First Appellate Court had agreed with the landlords and ruled that no notice was necessary as once the lease term ended, the tenant would be considered a tenant by sufferance and therefore, a trespasser rather than a tenant. Based on this conclusion, it was decided that no notice was required.

However, the Odisha High Court held that since the new landlords did not sign any agreement after expiry of the original lease agreement executed by the original landlord and the tenants, the tenancy would be treated as a monthly tenancy.

Odisha High Court pointed out that in this context, the Section 116 provision would apply. Given the legal context, the Odisha High Court emphasised that Section 106 mandates a 15-day notice, and it cannot be done away with.

Therefore, on November 22, 2024, the tenants won the eviction case in the Odisha High Court and the landlord lost. Senior Advocate S.K. Mishra and Advocate J. Pradhan represented the tenants. The landlords filed an appeal in Supreme Court against this judgement and the matter is at present at the hearing stage.

Also read: Tenants constructed two extra floors in rented property without consent; landlord wins eviction case in high court due to this reason

What are the lessons for the landlord from this judgement?

Harsh Khabar, Advocate, Delhi High Court, said to ET Wealth Online, “The tenant succeeded because the Court found that even though the original one-year lease had expired, his possession continued with the landlord’s assent, which is visible through the acceptance of rent, making him a tenant holding over under Section 116 TPA and not a tenant at sufferance.”

According to Khabar, termination of tenancy required strict compliance with Section 106, which was not met since one notice was issued by a single co-owner and the other granted only 7 days (instead of the mandatory 15 days), making the eviction suit not maintainable.

Khabar says: “The key takeaway is the court’s clear reaffirmation that acceptance of rent after lease expiry converts possession into a tenancy holding over; mischaracterizing such a tenant as one at sufferance is a legal error, and any defect in a Section 106 notice goes to the root of maintainability of an eviction suit.”

Also read: Electricity can’t be denied to tenant due to landlord-tenant dispute and pending legal case, rules Delhi High Court

If a rent agreement exceeding 11 months requires registration, what options does a landlord have if they want the tenant to vacate?

According to Parikh, for vacating a tenant with whom there is an agreement, the landlord has to follow the provisions of the Agreement in relation to eviction and the notice period provided under the agreement.

Parikh says: “If after issuing notices the tenant does not vacate, then the landlord has to approach the court for eviction.”