Tenant eviction and rent control remain contentious issues in India's urban housing sector. The legal framework governing landlord-tenant relationships is primarily guided by state-specific Rent Control Acts, many of which were enacted post-Independence to protect tenants from arbitrary rent hikes and forceful evictions. While these laws were initially effective in providing housing security, over time, they have contributed to a range of problems such as stagnant rental markets, reluctance of landlords to lease properties, and prolonged legal battles over eviction proceedings. The process of evicting a tenant—particularly in rent-controlled properties—often becomes protracted due to procedural delays and the requirement to prove specific grounds for eviction, such as non-payment of rent or personal use of the premises. Moreover, rent caps under outdated laws have deterred investment in rental housing and led to informal agreements that offer no protection to tenants or landlords. Recognizing these challenges, the Government of India introduced the Model Tenancy Act, 2021, which seeks to balance the interests of both parties by promoting transparency, formal contracts, and time-bound dispute resolution.

Prevailing Rent Control Issues in India

Rent control laws in India, introduced with the intention of protecting tenants from arbitrary rent hikes and eviction, have over time created a host of challenges for both landlords and tenants.

1. One of the major issues is the outdated nature of most rent control legislations, many of which are based on rates and conditions prevailing in the mid-20th century. As a result, landlords are often forced to charge artificially low rents, discouraging them from maintaining properties or leasing them at all, leading to a significant shortage of formal rental housing. In Malpe Vishwanath Acharya v. State of Maharashtra ([1997 INSC 831], the Supreme Court held that outdated rent control laws, which froze rent rate for decades, were unfair to landlords and violated their right to reasonable returns and property. The Court emphasized the need for periodic rent revisions aligned with market conditions.

2. Additionally, tenant protections are so stringent in many states that evicting tenants, even for legitimate reasons such as personal use or redevelopment, becomes a lengthy and cumbersome legal process.

3. The lack of incentives for landlords, combined with the reluctance to enter into formal rental agreements, has fueled the growth of the informal rental sector, where tenants are left without legal safeguards.

4. Moreover, there is a wide disparity in rent laws across states, creating legal uncertainty and inconsistency in housing markets.

These issues have collectively contributed to the stagnation of the rental housing market in urban India, making it harder to address growing demands for affordable housing. Despite efforts like the Model Tenancy Act, 2021, which aims to modernize and balance landlord-tenant relations, its adoption remains limited, and rent control continues to hinder the development of a robust and equitable rental market. This Act was introduced by the Government of India as a reform-oriented measure to address the long-standing issues arising from outdated rent control laws. The Act seeks to establish a transparent and balanced legal framework that protects the interests of both landlords and tenants, while also promoting growth in the rental housing market. It aims to simplify tenancy agreements, ensure timely rent payments, and facilitate quick dispute resolution through rent courts and tribunals. States like Uttar Pradesh, Gujarat, and Assam have partially implemented the Act, signaling the beginning of a shift towards a more regulated and investor-friendly rental system in India.

Grounds for Lawful Tenant Eviction

Most state Rent Control Acts allow landlords to evict tenants only on specific, limited grounds, including:

1. Non-payment of rent

2. Subletting without permission

3. Personal requirement of the property by landlord

4. Tenant causing substantial damage to property

5. Misuse of premises (e.g., commercial use of residential property)

6. Expiry of lease period or breach of terms of lease

Eviction made on the basis of grounds other than the abovementioned would be termed as unlawful or Illegal grounds for eviction. Unlawful or illegal eviction refers to the act of removing a tenant from a rented premises without following due legal process, or in violation of tenancy laws and agreements. In India, tenant protection laws prohibit landlords from evicting tenants arbitrarily, and any such action without proper cause or court order is considered unlawful. It may include the following-

1. Eviction Without Court Order: Landlords cannot evict tenants by force, change locks, cut utilities (like water or electricity), or seize belongings without obtaining an eviction decree from a competent court or rent authority.

2. Violation of Agreement Terms: If a rental agreement specifies a fixed period of stay, evicting the tenant before that period without just cause (like non-payment of rent or damage to property) is illegal.

3. Use of Threat or Force: Harassment, intimidation, or physical force used to compel a tenant to vacate is a criminal offense under Section 441 (trespass) and Section 506 (criminal intimidation) of the Indian Penal Code (IPC).

4. No Notice Served: Most rent laws and agreements require the landlord to serve a legal notice (usually 30 days) before seeking eviction. Evicting without serving such notice amounts to an unlawful act.

Legal Remedies Against Unlawful Eviction

Tenants facing unlawful eviction by landlords have several legal remedies available under Indian law. These remedies are designed to protect tenants’ rights and ensure that eviction only occurs through a fair and lawful process and it includes-

1. Injunction from Civil Court: A tenant facing the threat of unlawful eviction has the legal right to file a suit for a permanent or temporary injunction to prevent the landlord from forcibly evicting them. This legal remedy serves to restrain the landlord from taking illegal possession of the rented premises or interfering with the tenant’s peaceful enjoyment of the property. The relevant provision for seeking such relief is found under Order 39 Rules 1 and 2 of the Civil Procedure Code, 1908, which deals with the granting of temporary injunctions to maintain the status quo until the matter is resolved in court.

2. Police Complaint and FIR: If a landlord resorts to threats, physical force, or harassment, the tenant has the right to approach the local police station and seek protection under criminal law. Such actions may constitute criminal trespass under Section 441 of the Indian Penal Code (IPC), criminal intimidation under Section 506 IPC, and causing hurt under Section 323 IPC, in cases where violence is involved. These provisions empower tenants to initiate criminal proceedings to safeguard their rights and ensure protection against unlawful eviction tactics.

3. Complaint to the Rent Controller/Rent Tribunal: Under active Rent Control Acts in various states, tenants have the right to seek relief from the Rent Controller in cases of unlawful eviction or landlord harassment. These laws provide a legal framework to ensure tenants are not arbitrarily removed from their rented premises. The Rent Controller is empowered to grant remedies such as restoration of possession, adjustment of rent, or even imposing penalties on the landlord for violating tenancy rights. This mechanism plays a crucial role in protecting tenants and maintaining a fair balance between landlord and tenant interests.

4. Writ Petition in High Court: In cases where fundamental rights are violated, such as illegal eviction by state authorities or housing boards, an aggrieved tenant can file a writ petition under Article 226 of the Constitution in the High Court. This constitutional remedy enables individuals to seek immediate relief against arbitrary or unlawful state actions, including eviction without due process. The High Court can intervene to stay the eviction, order restoration of possession, or provide other necessary directions to uphold the tenant’s rights and ensure justice.

5. Restoration of Possession: Courts or rent tribunals may order the landlord to restore possession to the tenant if eviction was carried out illegally and without legal process.

Judicial approach towards recognising rights of tenants against unlawful eviction

In the landmark case of Krishna Ram Mahale v. Shobha Venkat Rao [AIR 1989 SC], the Supreme Court emphasized that the right to live with dignity is a fundamental right under Article 21 of the Constitution. The Court held that even a rightful owner, such as a landlord, cannot forcibly dispossess a tenant without following the due process of law. Any eviction carried out without legal sanction is considered illegal and a violation of the tenant’s constitutional rights.

In the landmark case of Satyawati Sharma v. Union of India [2008 INSC 495], the Supreme Court addressed the issue of unequal treatment under the Delhi Rent Control Act, which exempted premises let out for residential purposes but continued to regulate those used for commercial purposes. The Court held this distinction to be arbitrary and violative of the right to equality under the Constitution. By striking down the discriminatory provision, the judgment emphasized the need for a rational, fair, and non-discriminatory approach in rent control legislation, ensuring parity in treatment of residential and commercial tenancies.

In the case of Gopi @ Goverdhannath (deceased) by LRs. & Others vs. Sri Ballabh Vyas [2022 INSC 1000], the Supreme Court upheld the eviction of tenants who had deliberately and falsely denied the landlord’s ownership of the leased property. The Court held that such denial, made with dishonest intent, amounts to a legitimate ground for eviction.

In conclusion, tenant eviction and rent-related issues in India highlight the delicate balance between the rights of landlords and the protection of tenants. Outdated rent control laws, lack of uniform implementation, and increasing instances of unlawful evictions have made it crucial to modernize the legal framework. Legal remedies such as civil suits for injunctions, complaints to Rent Controllers, and writ petitions under constitutional provisions provide tenants with necessary protection. Judicial pronouncements have also reinforced the importance of due process and dignified housing. Going forward, effective implementation of reforms like the Model Tenancy Act, 2021, alongside awareness of tenant rights, is essential to ensure a fair and equitable rental housing system.